LIBRARY OF CONGRESS. 



UNITED STATES OF AMKllICA. 



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HISTORY OF TEXAS 



FOR SCHOOLS 



ALSO FOR GENERAL READING AND FOR TEACHERS PREPARING 
THEMSELVES FUR EXAMINATION 



BY / 

/ 

MRS. ANNA J. HARDWICKE PENNYBACKER 



ILLUSTRATED 




COPYRIGHT, 1888 
By MRS. ANNA J. HARDWICKE PENNYBACKER 

PUBLISHED FOR THE AUTHOR 

TYIvKR, TKXAS 




As has often been said, there is no 
State in the Union whose history pre- 
sents such varied and romantic scenes 
as does that of Texas. This alone 
would recommend it to the general reader and the earnest student. 
But there is in addition to its mterest a weighty reason why every 
school in the State should give Texas History a place in its course 
of study. No one who learns well the lessons therein taught can 
fail to become a better and wiser citizen. 

This little volume attempts to picture the principal events in our 
history in a style easy and natural, yet viviS. It was written from 
the stand-point of a teacher, who believes that success in teachmg 
history demands not only a live instructor, but also a live text-book. 
If the execution has fallen short of the design, the author begs the 
charitable criticisms of her co-workers, and assures them they may 
hope for better things in future editions. 

No map is given, since any teacher may secure an excellent wall 
map of Texas, free of charge, by applying to Central Railroad offices. 



Vi PREFACE. 

Pupils should by all means make their own maps.* By so doing 
they gain a clearer idea of the topography of the country. 

The author has tried to show the causes and results of leading 
events, thus encouraging the scholar to dip into the philosophy of 
history. An earnest appeal is made to the teacher to develop more 
fully this feature of the work. The pujDil who learns to think over 
his history lesson, who asks himself the why and the wherefore, is 
not merely acquiring historical knowledge — he is also developing his 
powers of thought. 

No occasion should be lost to cultivate true patriotism ; this 
means not the blind egotism that asserts our State to be without 
blemish, but the wise love that sees all faults, and seeing, resolves 
to correct the same. March 2d and April 21st should never pass 
without some exercise that tends to make our youth revere and 
.honor the men who made those days immortal. 

* An excellent and durable map of Texas may be made by getting a plank 
of the necessary dimensions, and building Texas thereon, of putty, with its ele- 
vations and depressions. After the putty has dried somewhat, it may be colored 
with ordinary paint, as desired. The making of maps in this way is especially 
recommended. 




Era I. Era of Discoveries and Missions. 



PAGE 

La Salle - 2 

The French Colony 7 

Spanish Claims.. 8 

Spain's Attempt to Colonize 9 

Crozot's Grant 9 

Religion of Indians 10 

The Missions 12 



PAGE 

St. Denis • 1"* 

Company of the Indies 15 

Emigrants from Canary Islands 10 

France gives up Louisiana 16 

Condition of Texas 17 

Blackboard Analysis 18 



Era II— Era of Filibusters. 



state of Affairs in Mexico 19 

State of Affairs in United States . . . 20 

Nolan's Expedition ^ 21 

Louisiana Purchased by the United 
States 21 



]\[agee's Expedition . . 

Lafttte 

Texas Exchanged 

Long's Expedition — 
Blackboard Analysis. 



Moses Austin '^1 

Stephen F. Austin 32 

Inducements offered Colonists 33 



Era III. -^ Era of Colonization. 

First Colonists 3-1 

Misfortunes 35 

Growth of Colony 3;") 



Vlll 



CONTENTS. 

Era III— Continued. 



PAGE 

Aiistin's Rule 36 

Edwards' Colony 37 

Trouble 37 

Predonian Rebellion 38 



PAGE 

Grovernment of Texas 40 

Manners and Customs 42 

Blackboard Analysis 48 



Era IV.— Era of Revolution. 



Remote Catises of the Revolution. . . 49 

(1.) Treatment of Americans 49 

(2.) Settlement of Convicts 50 

(3.) Custom Houses 50 

(4.) Martial Law 50 

(5.) Blockade 50 

(6.) Union with Coahuila 50 

Defense of Mexico 51 

Santa Anna .51 

Convention at San Pelipe 52 

Memorial 53 

Commissioners to Mexico 54 

Austin's Imprisonment ... 54 

Santa Anna and Austin 55 

Immediate Cause of Revolution 57 

Committees of Safety 57 

General Cos 58 

Austin's Return 58 

Battle of Gonzales 59 

General Consultation .... 63 

Texan Army 64 



Milam's Attack on San Antonio.... 66 

Milam's Death 67 

Surrender of Cos 67 

Trouble between Governor Smith 

and Council 68 

Santa Anna's Plans against Texas. 70 

Siege of the Alamo 71 

Declaration of Independence 79 

Government 79 

General TJrrea 79 

Refugio 80 

Fannin 80 

Battle of the Colito 81 

The Massacre 83 

Battle of San Jacinto 87 

Treaty between Texas and Santa 

Anna 93 

Mexican Troops "Withdrawn 94 

Declaration of Independence 95 

Chronological Summary 99 

Blackboard Analysis 100 



Era v.— Era of the Republic. 



Houston's Administration 101 

Houston's Election 101 

Austin's Death 101 

Debts 103 



Mexico 104 

Texan Army 104 

Judicial Reforms 104 

U. S. and Texas 104 



CONTENTS. 



IX 



Era v.— Continued* 



PAGE 

Lianiar's Administration 105 

Indian Troubles 106 

Financial Troubles 107 

Santa Fe Expedition 107 

Removal of Capital 109 

Houston's Administration 110 

Houston's Policy 110 

Mexican Invasion Ill 

Mier Expedition 112 

The Black Beans 115 



PAGE 

Minute Men ;...... 116 

Appeal to the Powers 117 

Armistice 117 

Annexation 118 

Jones' Administration 119 

Annexation Bill 120 

Offers from Mexico 120 

Texas Enters the Union 120 

Blackboard Analysis — 122 



Era VI.- -Era of the State 



Henderson's Administration 123 

Condition of Texas 124 

"War between TJ. S. and Mexico. 124 

Wood's Administration 126 

Debt 126 

Boundary Troubles 126 

Bell's Administration 127 

Boundary Question 127 

Texas Sells the Disputed Terri- 
tory 128 

Results 129 

Pease's Administration 129 

Public Debt 129 

Railroad Law 130 

School Funds 130 

Public Institutions 130 

Troubles with Mexican Laborers. 131 

Runnels' Administration 132 

Raih'oads 132 

Drought 132 

Houston's Administration 132 



Cortina 133 

The Border 133 

Sectional Troubles 134 

State Conventions 134 

Texas Joins the Confederacy 135 

Clark's Administration 135 

Preparations for War 135 

Lubbock's Administration 136 

Sibley Expedition 136 

Galveston Captured 136 

Battle at Sabine Pass 138 

Houston's Death 139 

Murrah's Administration 139 

Crops and Manufactures 140 

Horrors of War 140 

Lawlessness 141 

Hamilton's Administration 142 

Hamilton's Course 142 

Reconstruction Convention 143 

Throckmorton's Administration — 143 
The President and Congress 143 



CONTEXTS. 



Era VI.- 

PAGE 

Military Rvile 145 

Governor Removed. 145 

Pease's Administration 146 

G-eneral Hancock 146 

Convention Called 146 

Governor Pease Resigns 146 

Constitution Adopted 147 

Davis' Administration 147 

Texas Re-enters the Union 147 

Disabilities Removed 147 

Legislative Acts 148 

Immigration and Railroads 148 

Exciting Election Scenes 149 

Coke's Administration 150 

Pears 150 

DifRcnlties 150 

Constitutional Convention 152 

A. and M. College 152 

Coke Resigns 153 

Hubbard's Administration 153 

Penitentiaries 153 



Continued. 

I PAGE 

Prontier Protected 155 

I Debt and Immigration 155 

I Prairie View Normal 156 

Roberts' Administration 156 

Governor's Policy 156 

Sam Houston Normal Institute . . 156 
Capitol Burned 158 

Ireland's Administration 158 

School Laws 158 

State University 160 

Asylums 160 

Pence-cutters 160 

Greer County Question 161 

Ross' Administration 163 

Prohibition 163 

Drought 163 

New Capitol 163 

Immigration 165 

Conclusion 165 

Blackboard Analysis 166 



E R A I. 

ERA OF DISCOVERIES AND MISSIONS 



(1 685-1 790.) 



INTRODUCTION. 



SOME two hundred years ago, had one been in Ver- 
sailles (versalzO, he would have found Louis XIV. 
on the throne, with all France deUghting to honor the 
"Grand Monarque." What sights were to be seen in the 
gay capital ! The king's magnificent palace, with its 
beautiful grounds, playing fountains, blooming flowers, 
and singing birds, was the center of all life and pleasure. 
G-roups of richly-dressed ladies and gentlemen Avere on 
all sides, for Louis would have none other about him. 
But one morning there were even more gayety and ani- 
mation than usual, for wonderful news had come to the 
king and his court. " La Salle (la sal) has returned from 
America ! " was the announcement that caused such a 
stir among the royal household. America was still a 
continent of which httle was known, biit much was told. 
People were ready to beheve that there they could find 
the "Fountain of Perpetual Youth." That the Indians 
possessed uncounted treasures. That the wealth of Sind- 



2 ROBERT, CAVALIER D E LA SaLLE. 

bad the Sailor was naught compared to what one might 
accumulate in that land beyond the sea. It is not to be 
wondered, then, that the French were so eager to hear 
what La Salle had to say. 

Robert, Cavalier de la Salle.— This Robert, Cavalier de 
la Salle, was of a good French family, and had been 
carefully educated, as his parents intended him for the 
priesthood. However, being fond of adventure, and hear- 
ing such wonderful stories of the New World, he aban- 
doned the idea of becoming a priest, and went to Canada, 
where he engaged in fur-trading. He afterward decided 
to devote his energies to discovering a new route to 
China, and began by sailing down the Ohio River. He 
thought the Ohio emptied into the Pacific Ocean. But 
he discovered that the Mississippi, not the Ohio, was the 
great river of the continent. Continuing his journey, he 
arrived at the mouth of the Mississippi, April 19, 1682, 
one hundred and forty-one j^ears after De Soto saw the 
great Father of Waters. La Salle took possession of all 
the lands on both sides of the river in the name of his 
king, Louis XIY., while his heart beat fast with the pure 
joy of patriotism as he looked upon all the beautiful 
country he was winning for his beloved France. 

La Salle's Return. — This was the man who had re- 
turned to France, and was now standing before the king 
telling of his voyages and adventures. As in glowing 
words he pictured the grand Mississippi, with river after 
river paying it tribute, and at last the great stream 
giving up its burden to the Gulf; as he told of the rich 



ERA OF DISCOVERIES AND MISSIONS. 3 

land on either side that now belonged to France, the 
king smiled, and a murmur of applause ran through all 



.\ 



\.H 



the court. Then La Salle 
unfolded his plan for the 
future and begged his Maj- 
esty's approval. He asked that 
he be sent with a colony to 
settle at the mouth of the Mis- 
sissippi, prophesying that the 
city founded there would be the 
largest in America. He showed 
that this course would not only 

hold all his discoveries for France, but would also in time 
give Louis an opportunity of conquering Mexico, which 
was already occupied by the Spanish. In spite of the 
plots of enemies, La Salle succeeded in obtaining from 



LA SALLE AT THE MOUTH OF THE 
MISSISSIPPI, 



4 LA SALLE S SECOND VOYAGE. 

the king all he asked. This caused him to feel repaid 
for all the toil and trouble he had undergone. Fame 
seemed waiting to crown her son. 

La Salle's Second Voyage.— On July 24, 1684, La 
Salle sailed once more for America. In his four ships 
he carried about four hundred people ; among them were 
women as well as priests, soldiers, and mechanics. He 
also had tools, cannon, ammunition, huge supplies of 
provisions — in short, every thing to make the colony a 
success. After a stormy voyage, during which one of 
his ships was captured by the Spaniards, they came to 
land, which they thought to be Florida, but which was 
the country afterward known to the world as Texas. 
On discovering the mouth of the Mississippi, La Salle 
had taken the latitude, but in so doing had made the 
mistake of placing it too far north. This, with a wrong 
impression concerning the Gulf Stream, caused the error 
which resulted in his landing in Texas. When the mis- 
take was discovered, La Salle wanted to sail eastward 
again, but some trouble with his sea-captain prevented, 
and misfortunes came thick and fast ; one ship was lost, 
and the captain took another ship and sailed back to 
France. By this time their provisions were nearly ex- 
hausted. At first many grumbled at having to work 
early and late, but when they saw the great leader him- 
self doing more than any of them, they could not well 
remain idle. In spite of much trouble with the Indians, 
and the death of some forty of their number, the colonists 
were soon snugly settled in Fort St. Louis, as their little 



ERA OF DISCOVERIES AND MISSIONS. 

town was named ; and as buffaloes, deer, birds, and fish 
were plentiful, there was no danger of starvation. 

Search for the Mississippi. — La Salle now determined 
to start on a search for the Mississippi, which he still 
believed to be near. Many were the trips he made, but 
no great river did he find. An ordinary man would have 
given up in despair, but La Salle never gave up. He 
finally decided to make a longer and more perilous jour- 
ney than any he had 3'et made. When La Salle sailed 
down the Mississippi, he left at the mouth of the Illinois 
River a little colony under the comniand of a brave 
soldier friend, De Tonti (ton'tee), The Iron-handed. (This 
last name was given De Tonti because he had lost one 
of his hands, and had an artificial one made of iron.) 
La Salle resolved to find De Tonti, and with his assist- 
ance to carry out the plans that he had made. Before 
starting, he called his colonists around him and told 
them why he must leave, bade them remember why 
they had come to America, and how disapiDointed their 
king would be if they did not accomplish their purpose, 
encouraged them, and bade them farewell. Few who 
heard him thought that this would be the last time they 
should hear his voice, but so it was. To go two thou- 
sand miles over a country of which he knew nothing, 
where there were no roads, where there were many swift 
and swollen rivers to cross, where the Indians might at 
any moment rush upon them — this was the task that 
La Salle was undertaking. He knew De Tonti was some- 
where north of him, and that was all he did know; but 



MURDER OF LA SALLE. 

thanks to the compass and the kind North Star, that 
never refuses its light to the traveler, he was not with- 
out guides. 

Troubles. — La Salle, his nephew, a priest, and the men 
he had chosen, traveled on for several weeks, suffering 
many hardships. During this time some of the men had 
been growing dissatisfied. They thought their leader too 
haughty and their work too hard. Duhaut (du ho'), one 
of the soldiers, hated Morganet (mor gan ya'), La Salle's 
nephew, and Avas eager for a quarrel, and Morganet him- 
self was not averse. On one occasion Morganet was 
sent by his uncle to a camp where Duhaut was drying 
meat; a dispute arose between them, and that night, 
while young Morganet was asleep, he and his two com- 
panions were murdered. When morning came, the mur- 
derers were frightened at what must be the result of 
their cowardly deed. They came to the conclusion that, 
to save themselves. La Salle must die. 

Murder of La Salle. — For two or three days La Salle 
waited the return of Morganet. He grew uneasy. He 
feared the Indians had attacked the party, or that they 
had lost their way ; and at last, unable to bear the 
suspense, he took with him the good Father Anastase 
(a nas'tas), and started in search of Morganet's party. 
After going some miles, he found the cravat of one of 
the men ; it was soiled and bloody. His heart sank ; he 
feared that something terrible had happened. Knowing 
that the camp must be near, he fired his gun to let them 
know that he was coming. Duhaut's men hearing the 



EEA OF DISCOVERIES AND MISSIONS. 7 

shot, came up ; but Duhaut hid himself in the long grass, 
and cocked his gun so as to be ready to fire. " Where is 
my nephcAV?" La Salle asked. "He is lower down the 
river," replied one of the men. Just then a bullet came 
whizzing through the air, and La Salle fell, shuddered, 
and without a word, died. Father Anastase dug a shal- 
low grave with his own hands, and placed therein the 
body of the friend he had loved so well. In that lonely 
spot, in that humble grave was buried (March 20, 1687) 
the man whom Louis the Grand had delighted to honor, 
and whose name was to live for centuries. Many have 
pronounced his life a failure, because he did not accom- 
plish what he had planned ; but let no Texan sanction 
such a judgment, for had it not been for his patience 
and energy, his description of our soil and climate, 
Texas would not have been settled so soon, and her 
entire history might have been changed. 

In La Salle's native city, Rouen (poo'en), there stands 
a grand statue of this gallant son of France. May we 
not hope that in Texas, at no distant day, a stately tomb 
will rise over that hallowed spot where the Columbus of 
his age sleeps? 

The Colony. — The murderers did not prosper ; they 
soon quarreled among themselves, and were all killed. 
Some of the party continued the journey, and found De 
Tonti and the river. The colonists in Texas, with no 
wise ruler, fared badly; they could not agree among 
themselves; sickness greatly decreased their numbers; 
and through bad management food became scarce. The 



8 SPANISH SEARCH FOR LA SALLE. 

Indians attacked them and killed all but five. On this — 
the first European settlement in Texas — rested the claims 
of France to all lands between Mexico and Louisiana. 

Spanish Claims. — As in 1542 De Soto had entered 
Texas, passing near Texarkana, and in 1582, Espejo 
(espa'ho) had made halts at both El Paso and Santa Fe, 
Spain claimed Texas. She also asserted herself mistress 
of the entire Grulf of Mexico. The Spanish king forbade, 
on pain of death, any one save his own subjects, sailing 
on the Gulf. It was in obedience to this order that one 
of La Salle's ships had been captured* 

Indians. — Being the aborigines of the country, the red 
men certainly had just claim to possession ; but, as has 
ever been the case, instead of uniting in one grand force 
against the whites, they divided their strength, some 
few favoring the Spaniards, many more siding with the 
French, while others, Ishmael-like, turned their hands 
against ever}^ man.* 

Spanish Search for La Salle. — At the time of the 
capture of La Salle's ship, the Spanish did not know 



* At the head of these tribes stood the Comanches. In point of fidelity they 
resembled the Arab. W^oe to the rash traveler who dared go through their 
boundaries, relying upon his own strength 1 His goods were taken, while his scalp 
dangled from the belt of the first brave who met him. But if he went to their 
camp and boldly asked their protection and hospitality, all was changed ; he was 
given the best of every thing, and sent on his way under a safe escort. In addi- 
tion to bows and arrows, the Comanches had long spears, tipped with a sword- 
point ; this made them more formidable in war than the warriors of any other 
tribe. They had one great chief, and several svibordinates. Four times a year 
councils were held in various villages, but once a year a grand coun<^il of the 
whole tribe convened. Here all important matters were discussed, all general 
movements decided, and all criminals tried, 



ERA OF DISCOVERIES AND MISSIONS. 9 

where the French were going, yet they feared that Texas 
was the point of destination. Months afterward, it was 
learned from the Indians that a band of whites were in 
Texas. After some time, Captain De Leon (la on"), with 
one hundred men, was sent out to find and destroy the 
French. They found Fort St. Louis, but it was in ruins, 
with little to show that it had once been a town with 
comfortable homes. Search being made among the In- 
dians, two of the French were discovered, and sent as 
slaves to the silver mines of Mexico. 

Spanish Settlements. — On De Leon's return, he pict- 
ured the climate and soil in such glowing colors, and 
described the Indians as being so mild and docile, that 
the Spanish authorities decided to found a mission at 
Fort St. Louis. The mission proved a failure, and in a 
few years was entirely abandoned. For some time after 
this, neither Spain nor France took any steps toward 
colonizing Texas. 

The Crozot («po'zo) Grant. — In 1712, Louisiana and 
all lands to the Rio G-rande were granted by the King of 
France to Anthony Crozot, one of the keenest financiers 
of his time. He determined, by opening a trade with 
Mexico through Texas, to make a fortune. This placed 
Spain on the alert, for she saw that she must either 
occupy Texas herself, or see it pass into the hands of 
the French. To build a chain of missions from the Rio 
Grande to the Sabine, and thereby gain entire control 
of the country, was the plan adopted and almost imme- 
diately put into execution, 



10 



RELIGION OF THE INDIANS. 



MISSIONS. 

Wherever Catholic nations bore their conquering arms, 
two purposes were ever held in view — to make the coun- 
try subject to their king, and to win the natives as con- 
verts to the Roman Church. This was plainly shown in 

every mission, for each 
was a combination of 
chapel and fortress, 
while Presidio (pra se'- 
di o), meaning a garri- 
son for soldiers, was 
used synonymously 
with missions. In 
erecting these missions, 
a massive stone struct- 
ure of great thickness 
was first built ; this 
was the chapel, and 
refuge in time of greatest danger ; some of them were 
large enough to hold six or seven hundred people. The 
church faced upon a square or plaza, as it was called. 
Other necessary houses, such as granaries, homes for the 
priests, barracks for the soldiers, and prisons for the 
criminals, were built on all sides of the square. At a 
little distance were huts for the converted Indians. 

Religion of the Indians. — To appreciate the task under- 
taken by the Spanish priests, the moral condition of the 
Indians must be understood. Though they knew nothing 




DNOEPTION MISSION. 



ERA OF DISCOVERIES AND MISSIONS. 11 

of the God of civilized nations, yet they believed in and 
worshiped one all-seeing, overruling spirit, whom they 
called Manitou. Their creed taught them that all things, 
animate and inanimate, possessed souls ; and that all 
these souls were immortal. If an Indian had been brave 
in war, and faithful to his conception of duty, he trusted 
after death to be wafted on the wings of the wind to 
the Happy Hunting-grounds, where he would find waiting 
him his horse, his dog, and all things, as weapons, tools, 
skins, or blankets, that he had broken or mutilated in 
this world. His bow and arrows were buried with him, 
that they might be ready for his use the moment he 
entered those blissful abodes. His ideas of right and 
wrong differed widely from ours. For him to show any 
kindness to his mother, wife, or daughter, was a sign of 
weakness. His poor squaw cut the wood, raised the corn, 
carried the loads when they journeyed, cooked his food, 
yielded to his every whim, and made herself a slave to 
him. He — the lazy fellow that he was — did nothing, and 
gave her as her reward hard words and still harder blows. 
To love one's enemy, was unheard of ; to scalp him, Avas 
the duty of every brave. Manitou had given them no 
command to be diligent, hence laziness was a race charac- 
teristic. To change such people into industrious Christian 
subjects of his Majesty, the King of Spain, was indeed a 
herculean undertaking. But the priests were, for the 
most part, good men, who had voluntarily given up all 
the comforts of civilized life for this labor of love. Un- 
daunted, they went at their work with cheerful hearts. 



12 LIFE IN THE MISSIONS. 

Indians Introduced into Missions. — When the Span- 
iards came to found the missions, they did not at first 
erect the stone buildings described in a previous topic. 
Until the Indians were trained to do the labor, this was 
impossible. The priests, assisted by the soldiers, put up 
simple structures of wood, with roofs of twigs, leaves, 
and grass. Led by curiosity, and the gentle demeanor of 
the holy fathers, the Indians came in crowds to watch 
the strange work. Soon they offered their assistance. 
A bright picture, a bit of red cloth, or a string of beads, 
was to them sufficient reward for a day's labor. The 
lighted candles, the music, the incense, the altar with 
its handsome fixtures — all the ritual of the Church — 
charmed and thrilled these simple children of the forest. 
As the priests taught them day by day, some of them 
began to comprehend what it all meant, and a few be- 
came true Christians. These were anxious to stay near 
their sacred teachers, whom they learned to love, and 
were delighted to obey. The far greater number, how- 
ever, understood only enough of what the priests said to 
be frightened at what would happen to them in the next 
world. Moved by fear, they too remained near the 
fathers, having a vague idea that this might save them. 
In this way quite a number became as completely under 
the control of the priests as if they had been slaves. 

Life in the Missions. — Early each morning, all Indians 
in the mission were assembled for prayers ; next they 
heard mass and a lecture. Each one then went to his 
task, some toiling in the field, others working on the 



EPvA OF DISCOVERIES AN!) MISSIONS. 13 

massive stone chapels, which were to take the place of 
the wooden structures. In the afternoon, they had re- 
ligious services ; and at night, services again. On going 
to their huts to sleep, they were locked in to prevent 
their escape. In return for this labor, they were well 
fed and clothed by the priests. As the savages had ever 
lived as free as the birds of the air, such a life of con- 
finement told severely upon them. How they longed 
once more to mount the fiery mustang and gallop away 
over the boundless prairies, to again let fly the arrow in 
the chase, to be once more on the war-path, uttering 
such fiendish whoops as should make all the welkin ring ! 
When one tried to escape — and many did so — soldiers 
were sent out to capture him ; on his return he received 
severe punishment. As the supply of converts came in 
too slowly for the work the priests wished to accomplish, 
the most trusty Indians were sent out to bring in, by 
fair or foul means, others of the tribe. In this way a 
sufficient force was obtained to irrigate the land for miles 
about the mission, to till the soil until the country smiled 
like a garden, and to erect the great buildings which are 
still the pride of every Texan's heart. 

Principal Missions. — On the bank of the river, about 
four miles below San Antonio, stands the most beautiful 
of all the missions, San Jose (san ho seO de Aguayo. The 
carvings and statuary which ornament its front, are the 
works of a Spanish artist, who devoted many of the best 
years of his life to this labor. San Jose was begun 
in 1718, and finished in 1771. In 1731, the Mission 



14 



ST. DENIS. 




ALAMO MISSION. 



Conception was founded some two miles below San An- 
tonio ; while in the heart of this "City of Missions" rises 
the scarred visage of the Alamo, a name hallowed by its 

baptism of blood.* In Me- 
nard County, on the San 
Saba River, in 1734, was 
founded the San Saba Mis- 
sion. All went well until 
a silver mine was discov- 
ered near by. Miners, 
flocking from all the coun- 
try around, committed so 
many outrages upon the 
Indians, that the savages 
rose in revolt, and butch- 
ered the entire white population of the little town. There 
were many other missions founded, some of which have 
entirely disappeared, while others still stand majestic 
monuments to the patience of the Spanish priests. 

St. Denis (deh ne'). — Texas was during this period ruled 
by a governor, appointed by the Viceroy of Mexico, with 
the sanction of the King of Spain. Yet the French had 
by no means given up their claims to the country. In 
1714, St. Denis, a bright and energetic young French- 
man of noble family, was sent out by the Governor of 
Louisiana to open a trade with Mexico. His career was 
a checkered one : in prison, his goods seized, in favor 
with the Spanish authorities, marrying the daughter of 

* A detailed account of the Alamo will be given later. 



ERA OP^ DISCOVERIES AND MISSIONS. 15 

a Mexican official, winning the friendship and love of 
the Indians ; again imprisoned, an escaped fugitive, estab- 
lishing an illicit trade with the Mexicans — he, after 
some years passed in such experiences, was forced to 
give up his task in despair. One of his achievements 
was the laying off of the San Antonio road, which still 
exists. 

Company of the Indies.— Finding that he was sinking 
money, Crozot (1719) gladly gave up his charter to the 
Company of the Indies. Under the management of the 
company, in spite of the stringent laws of Spain, a cer- 
tain amount of trade was carried on between Louisiana 
and Mexico, Texas being the thoroughfare. Attempts 
were made at colonizing, but they were unsuccessful.* 

* In 1719, this company sent out a thousand colonists to Louisiana. It hap- 
pened that the captain of one of the ships, making the same mistake that La 
Salle made, sailed past the mouth of the Mississippi, and entered Matagorda Bay. 
A boat was sent out for fresh water. While the sailors were thus occupied, 
Monsieur de Belisle, a French gentleman, having obtained the captain's permis- 
sion, went on shore to hunt. He was accompanied by four of his brother officers. 
Some hours passed, and the hunters did not return. The ship was ready to sail. 
The captain gi^ew angry at being thus detained. " I'll give them five minutes 
more," he finally said; "if they are not here then, I shall wait no longer." The 
moments passed, the men were nowhere in sight. The captain kept his word, 
the ship sailed away. The feelings of the oflHcers, when they returned, may be 
more easily imagined than described. There they were in an unknown country, 
with no signs that human footsteps had ever trod those wilds. They had no 
food ; no hopes of seeing another ship enter that bay. For days they wandered 
about from place to place, living on bugs, worms, and roots. Belisle gave the 
little dog, he had brought with him, to his companions for food. But the animal 
managed to escape. The four men died of hunger, leaving Belisle expecting to 
share the same fate. Just as he lay down to die, he heard a rustling sound in 
the bushes, and turning, saw his dog with an opossum that it had caught. Re- 
vived by the food, he determined to leave the coast and journey inland, hoping 
that he might there find some traces of men. Day after day he wandered on his 
lonely way, living on insects and roots, till— oh ! joy to say it— he saw footprints. 



16 LOUISIANA CEDEI) TO SPAIN. 

Spain Colonizes. — The Spanish authorities finally be- 
came convinced that to make Texas prosperous, missions 
alone would not suffice. Colonists were needed. In 172 8, 
therefore, Spain spent some $75,000, in bringing over 
from the Canary Islands thirteen families of pure Spanish 
blood and marked religious fervor. These people, with 
others from Mexico, settled about the Plaza of the Consti- 
tution, which is still to be seen in San Antonio. 

Louisiana Ceded to Spain. — France, having her hands 

PoUowing them, he found a group of Indians seated around a fixe, drying buffalo 
meat. They seized him, tore off his clothes, divided them among themselves, and 
looked so fierce that he fully expected to he killed. On the contrary, taking him 
to their village, they sent hira to an old squaw, who used him as her servant, 
but gave him plenty to eat and was not cruel toward him. As his strength re- 
turned, he learned their language, and soon gained so much influence over the 
savages, that they began to look upon him as their chief. But they took good 
care that he should not escape. One day some Nassonite Indians came to visit 
the tribe, and were brought to Belisle's hut, to admire the white prisoner. On 
looking at him, one of the Nassonites said : " We have near us many pale faces 
like this." Belisle's heart beat fast with happiness as he heard that his own 
people were near. Mixing soot and water, he made some ink. A stick did for a 
pen. On his oflcer's commission, which he had managed to keep through all his 
misfortunes, he wrote a message, and begged one of the visitors to take it to the 
white chief. The Indian, being promised a great reward, took the paper to the 
French captain at Natchitoches, who was none other than St. Denis. As soon as 
St. Denis read the paper, he began to make signs of the deepest grief, after the 
manner of the red men. As the savages loved St. Denis, they were troubled to 
see him so distressed, and crowded around him to find the cause of his trouble. 
" Alas I " said he, " I weep for my dear brother, who is a lonely prisoner among 
the Indians you have just left." "Is that all?" asked one of the warriors. 
"Then let our pale chief weep not, for ten of our braves wiU go, and in two 
moons bring your brother to you." Having received horses, guns, pistols, and 
clothes from St. Denis, the Indians returned to the village where Belisle was a 
captive. They rushed up, fired their guns, and frightened all the Indians into 
running. The Nassonites, quick as a flash, seized Belisle, placed him on a horse, 
and galloped away back to St. Denis. Belisle afterward became an officer in the 
Louisiana army. He was sent out to settle a colony in Texas, but was un- 
successful. 



iF^RA OF DiSCOVERIES AXD MISSIONS. 17 

full at home, had neither soldiers nor money to send her 
colonies in Louisiana. She feared that they would fall 
into the hands of the Enghsh, who were already pressing 
dangerously near. Rather than see Louisiana belong to 
her enemies, she ceded it, in 1763, to Spain. The effects 
of this change upon Texas will be shown in the next 
epoch. 

The Last Mission. — In 1790, the Spanish founded the 
mission of Our Lady of Refuge, at Refugio. This being 
the last mission ever established by them, marks the end 
of the Mission Period. 

Condition of Texas. — At the close of this epoch, it 
still seemed that Texas would never be a populous, culti- 
vated region. In spite of all the money that had been 
spent in founding missions, and importing colonists, in 
1744 Texas contained only fifteen hundred people. In 
1765, there were only seven hundred and fifty Europeans 
in all this grand State, that now boasts of two and a 
half million inhabitants. The causes of this condition of 
affairs were numerous. The Indians were troublesome; 
the quarrels between the Spaniards and French were 
constant ; the massacre at San Saba gave a mortal blow 
to the missions ; but more than all these, Spain governed 
her colonies most tyrannically ; she permitted none but 
Catholics to settle in her lands. The colonists saw around 
them rich fields, but they could not plant what they 
wished. They had many fine opportunities for trade, but 
Spain said, "No, you shall buy from and sell to none 
but me." They breathed the bracing air of liberty, wafted 



18 



BLACKBOARD ANALYSIS, 



to them from the north, where young America was pre- 
paring to break her chains, but Spain said, "You have 
too much freedom alread}^ ; crush this foohsh ambition. 
It is not for you to prate of liberty." It is not then to 
be wondered that more than a hundred years after settle- 
ment, this goodly land, Texas, was scarcely more than a 
wilderness. 

BLACKBOARD ANALYSIS. 





'1. 


His Life and Character. 






2. 


Lands in Texas. (1685.) 


. L,A Salle -< 


3. 


His Trials. 




4. 


His Death. (1687.) 




.5. 


His Colony. 




1. 


Pounded on De Soto's and Espejo's Explorations 


SpATJT<*H (~!t ATM*? 


2. 


Missions. - 


r a. Names. 

b. Dates. 

c. Purpose. 


L.. kJ?i A-X^ l^T^rl V 'Aj.rt.lill.0. . . 




d. EjB'ects. 
, e. Why Failures. 




3. 


Colonists from Canary Islai 


Ids. (1728.) 



III. French in Texas. 



XV. Texas Indians 



1. Crozot's Grant. 

2. St. Denis. 

3. Troubles in France. 

[ 4. Louisiana Ceded to Spain. 

1. Manner of Life. 

2. Religion. 

3. Work of Spanish Priests among them. 



ERA I I. 

ERA OF FILIBUSTERS. 



(1 790-1 S20.) 



TO understand the events that durmg this era hap- 
pened in Texas, a knowledge of the state of affairs 
in Mexico and the United States is necessary. 

Mexico. — At this time Spain was in a most deplorable 
condition. Now under the heel of Napoleon, now rising 
against his tyranny, now at war with herself, now for a 
time blotted out from the catalogue of nations, — that she 
had no time to attend to her possessions in the New 
World is evident. The colonists, on their part, were 
weary of Spanish rule, and desired independence. They 
could not ask for a more favorable time. As is ever the 
case, many martyrs were offered on liberty's altar, before 
definite results were reached. The first general revela- 
tion (1809-1810), which was led by the gentle scholar 
and priest, Hidalgo (edal'go), was opposed by the great 
mass of the priesthood. The revolution failed ; the brave 
Hidalgo was executed. In the course of time, Spain 
called a new junta, which passed certain laws, making 
sweeping changes in many matters that concerned the 
priests. This caused the holy fathers to at once go over 



20 THE UNITED STATES. 

to the side of the revolutionists. "If Mexico becomes an 
independent country," they reasoned, "we will be able to 
make such laws as we wish for our control." A second 
revolution occurred. After a few battles, the Mexican 
patriots were victorious. An empire was formed, and 
General Iturbide (e toor be'da) was made emperor. The 
mass of the people, longed for still more freedom. But 
Iturbide granted nothing, his desire being to make him- 
self absolute ruler. The empire was overthrown, and in 
182 3, a republic was formed. 

The United States. — While the outlook in Mexico w^as 
dark and overshadowed by war-clouds, in the land where 
our "bonny blue flag" waved, there were peace and pros- 
perity. The war of 1812 was the only thing that dis- 
turbed the nation. The country grew rapidly. Settlers 
were pushing in every direction toward the frontier, and 
already some — with longing eyes — were looking toward 
the broad prairies of Texas. 

United States and Spain. — After Louisiana became 
the property of Spain, a dispute arose as to whether the 
Americans had any right to navigate the Mississippi. 
This only tended to bring Texas more before the eyes of 
the American people, and made it a still more attractive 
place to daring adventurers. The Spanish officers be- 
came less strict as to trading in Texas, and the colonists 
began to be more prosperous. Americans, seeing that 
the door into Texas was slightly — and very slightly, too — 
ajar, were not slow to begin pushing into the forbidden 
ground, 



ERA OF FILIBUSTERS. 21 

Nolan's Expedition.— In 1797, Philip Nolan obtained 
permission from the Spanish commander to enter Texas, 
for the purpose of catching wild horses for the American 
general in Louisiana. While on the trip, Nolan was keen 
enough to make a good map of the country, and to open 
trade with the Indians. Meeting with success, a year 
later, he decided to repeat the experiment. By this time, 
however, the ever jealous Spaniards began to fear that 
the Americans were seeing too much of Texas, and re- 
solved to prevent Nolan's going. He, with twenty com- 
panions, eleven of whom were Americans, managed— in 
spite of Spanish resistance — to enter Texas, and catch 
three hundred mustangs. Early one morning, the little 
company awoke, to find themselves surrounded by one 
hundred and fifty Spaniards. Though their guards had 
been seized, and some of their men had deserted, the 
Americans gave fight. Nolan was soon killed. His place 
was taken by Ellis P. Bean. The Spaniards promised the 
Americans that, if they would surrender, they should be 
sent home in perfect safety. The Americans gave up 
their arms. But instead of the promise being kept, the 
poor prisoners were carried from place to place — often in 
heavy irons— sometimes in prison, until they all perished 
except Bean. 

Louisiana Purchased by the United States.— Spain had 
never considered Louisiana as her own property. Hence, 
after some years, she secretly returned the State to France. 
Napoleon, being in great need of money, sold Louisiana, 
in 1803, to the United States. This displeased Spain 



22 MAGEE'S EXPEDITIO"N". 

exceedingly, especially when the Americans revived the 
claim to Texas, saying that it was a part of Louisiana. 

Neutral Ground. — It soon seemed that war was cer- 
tain, for Spain not only claimed Texas, but even wanted 
to cross the Sabine and take a part of Louisiana. At last, 
the matter was peacefully arranged, by making the land 
between the Sabine and the Arroyo Hondo neutral. As 
in this strip of ground no law ruled, it soon became the 
home of criminals and desperadoes, whose sole occupa- 
tion was robbery. 

Magee's Expedition. — Of all the companies sent into 
Texas during these troublesome times, none was of such 
magnitude, none underwent such terrible experiences, as 
Magee's expedition. The leader was a young lieutenant 
in the United States army, who had been stationed in 
Louisiana, to protect Americans crossing the Neutral 
Ground. 

Magee and Gutierres {gob te er' es). — At this time, the 
Koyalists (those who preferred belonging to Spain) of 
Mexico were in power, and the Republicans were in 
exile. Many of them had taken refuge in the United 
States, and in the Neutral Ground. Having met with 
some of the most talented of these Republicans, Magee 
became infatuated with the idea of freeing Texas from 
Spanish rule. He and Gutierres, a noted Spanish exile, 
entered into a compact to effect this purpose. They 
gained support from three classes — the Mexicans who 
lived in Texas, the freebooters of the Neutral Ground, 
and the Indians. 



ERA OF FILIBUSTERS. 23 

Preparations. — Resigning his commission in the United 
States army, Magee went to 'New Orleans, to obtain sup- 
plies and men. Nor were men hard to obtain, for then 
as now, the youth of the land were ready to enter upon 
any hazardous undertaking.* Gutierres gathered his 
forces, and gave them the name of the "Republican 
Army of the North." Of the combined troops, Gutierres 
was selected leader — though really Magee was the ruling 
spirit. As to their number, authorities differ ; it ranges 
from three hundred to seven hundred. f 

Scenes at Goliad. — Entering Texas, the little army 
swept all before them, until they came to Goliad. They 
took the fort, for the garrison willingly came over to 
their side. But in a few days they were besieged 
(March, 1813) by a Spanish army sent out against them. 
Some of the party, becoming discouraged at this turn of 
affairs, made their escape. After three or four weeks, it 
happened that, during a few days of truce, Salcedo, the 
Spanish general, invited Magee to dine with him. At 
this interview, Magee agreed to surrender the fort to 
Salcedo, with the understanding, that all the Republican 
army should be sent home in perfect safety. On his re- 
turn, Magee had all the troops paraded, told them what 
he had done, and asked all who approved to shoulder 
arms. As the soldiers listened, expressions of amazement 

* Each volunteer was promised forty dollars per month, and a league of land. 

t AVhen it is remembered, that at this time the United States was at war 
with England, and Mexico was in the midst of revolutions, it will not seem 
strange that the history of these expeditions was not more accurately compiled. 
Greater events engrossed public attention. 



24 BATTLE OF KOSALIS. 

crept into their faces — that he, their brave, daring young 
leader, should advise such a step ! Few obeyed the order 
to "shoulder arms." Many, to show their displeasure, 
struck their guns heavily upon the ground. Magee stood 
a few moments in silence, then turned, and with down- 
cast head entered his tent. Soon a messenger, bearing a 
flag of truce, came, bringing a note from Salcedo, asking 
why the fort was not surrendered, as had been promised. 
No reply was sent. Salcedo then made a furious attack 
upon the fort. Though the Americans were confused 
and distressed by Magee's course, yet they rallied and 
drove the Spaniards back in confusion. During this time 
Magee remained in his tent. That night at twelve he 
died — some say by his own hand. The Spaniards soon 
afterward abandoned the siege and retreated. 

Battle of Rosalis. — Samuel Kemper, having been 
elected leader of the Americans in Magee's place, it was 
decided to march on to San Antonio, where Salcedo was 
encamped. The Americans now numbered about one 
thousand, while the enemy had a force of two thousand. 
On nearing San Antonio, the Americans made an attack 
and drove the Spaniards from the field ; though in addi- 
tion to their greater number of men, the enemy had sev- 
eral pieces of artillery, and possessed every advantage as 
to knowledge of the surrounding country. 

A demand was sent (March 29, 1813) to Salcedo, to 
surrender San Antonio. He asked until morning for 
consideration, but received the curt reply : " Either pre- 
sent 3"ourself and staff in our camp at once, or we shall 



I 



ERA OF FILIBUSTERS. 25 

storm the town." The fort was given up.* The victorious 
army entered the town, took possession of all treasures, 
rewarded all soldiers,! and released all prisoners found 
in San Antonio. Would that this were all ! But the 
picture has a darker side. The soldiers of the conquered 
army were released, and the officers paroled. Since reach- 
ing San Antonio, Gutierres had assumed more authority 
than before. He announced to his force, that he deemed 
it wise to send the Spanish officers to New Orleans, to 
remain until the war closed. All agreed to this — the 
Americans never dreaming of the infamous plot that 
Gutierres was secretly cherishing. Salcedo and his officers 
started, under the charge of a party of Mexicans, for the 
sea-coast. After going a short distance, they were stopped 
and told to prepare for death. With fiendish delight the 
Mexicans then tied all securely, and cut their throats. t 
As the Americans considered their honor pledged for the 
safety of Salcedo and his companions, when they heard 
of the murder, a number of the best men left the expe- 
dition. 

Battle of the Medina (August 18, 1813).— Other Amer- 

* When Salcedo came to give np his sword, he offered it to Captain Taylor, 
who sent him to Colonel Kemper. On offering it to the latter, he was told to 
take it to General Gutierres. Salcedo's patience was exhausted, nor would his 
pride brook further insult. He took his sword, ran it in the ground before Gu- 
tierres, and left it there. 

t The Indians asked as their chief reward two dollars' worth of vermilion. 

t The excuse given by Gutierres for the murder was, that Captain Delgado 
had on bended knees begged that he might thus avenge the murder of his father, 
who had met his death through Salcedo. A grand excuse for butchering the 
entire staff of officers ! Mrs. Holly has well termed Gutierres a Sancho Panza in 
time of war, but a person of importance in time of peace. 



26 BATTLE OF THE MEDINA. 

icans came in to take the place of those who left. Eli- 
sondo was sent with a strong Spanish force against the 
Republicans, but he was entirely defeated. The Amer- 
icans, finding that they could trust Gutierres in nothing, 
deposed him, and placed Toledo (to la' do) in his place. 
This step caused much dissatisfaction among the Mexi- 
cans. Fortune, that had long smiled ux)on the Repub- 
licans, now turned her face. General Arredondo (ar ra- 
don' da), having heard of the defeat of the Spaniards, 
resolved to utterly destroy the rebel force. With four 
thousand men he came near San Antonio, and threw up 
strong fortifications, which were arranged so as to entrap 
the enemy. Toledo, not waiting for the attack, boldly 
advanced. At the first charge, the Spaniards pretended 
to be terror-stricken, and fied. The Republicans followed 
eagerh^ Toledo, just then perceiving the snare into 
which he had been led, gave the order to retreat. One 
wing obeyed. But the other shouting, " No ; we never re- 
treat," rushed to their death. The leader of the Mexican 
troops obeyed no command of Toledo's, and finally, 
added treachery to his other crimes, by going over with 
his men to the enemy. The Americans fought bravel}^ ; 
but what could they do against such odds? Ensnared, 
separated, with treason in their midst, they Avere forced 
to flee. Then began a scene of terrible butchery, for the 
Spaniards spared none. Thirsting for blood, they drank 
their fill.* Of the eight hundred and fifty Americans 

* Seventy or eighty prisoners were captured near Spanish Bluflf. These were 
taken, securely tied, and placed in groups of ten upon huge pieces of timber, be- 



ERA OF FILIBUSTERS, 



27 



engaged in the battle, only ninety-three succeeded in 
escaping. 

' Lafitte (la fit'). — Jean Lafitte was a Frenchman, who, 
having run away from home, after many adventures, 
became master of a privateer. 
Falling in love with a beautiful 
young woman of Charleston, S. C, 
he became jealous of all about 
her. A rival crossed his path. 
Lafitte challenged him ; the rival 
fell, and Lafitte fled southward. 
He gathered about him a set of 
daring seamen, and established 
himself on the Island of Grand 
Terre (gran ter), about sixty miles 
from the Mississippi Delta. Here 
he made a fortune by smuggling 
goods into the United States. Not 

being able to disperse them, the Governor of Louisiana 
offered $500 for Lafitte's head. The Frenchman was 
not to be outdone, for he at once offered $15,000 for 
the Governor's head. His establishment was at last so 
nearly destroyed by ships from the LTnited States Navy, 
that he and his men were forced to keep very quiet. 
In 1814, British officers went to Barataria (ba rata' re a) 
— as the settlement on Grand Terre was called — to offer 
Lafitte £30,000, the office of post captain, and the 




TEAN LAFITTE. 



neath which a grave had been dug. The captives were then shot, their bodies 
falling into the yawning pit. 



28 LAFITTE. 

command of a frigate, if he would assist them in the 
war they were then waging against the United States. 
While Lafitte's crimes were not few, he did not commit 
that unpardonable sin — treachery to the country to which 
he had sworn allegiance. He requested several daj^s to 
consider their offer. His request was granted. He at 
once sent the proposal of the English, together with a 
patriotic letter from himself, to Mr. Blanque, a State 
officer of Louisiana.* In this letter he offered his services 
to the United States. His offer was accepted, and he was 
received once more into respectable society. In the battle 
of New Orleans he fought so bravely, that the President 
of the United States granted him a full pardon for his 
past offenses. At the close of the war, however, the old 
life of adventure possessed such a charm for him that 
he could not resist. He now made G-alveston Island his 



* LETTER EROM MR. LAEITTE TO MR. BLANQUE. 

Barataria, September 14, 1814. 
Sir :— Though proscribed by my adopted country, I will never let slip any 
opportunity of serving her, or of proving that she has never ceased to be dear to 
me. Of this you will here see a convincing proof. Yesterday there appeared here 
under a flag of truce, a boat coming from an English brig, at anchor about two 
leagues from the pass. A British oflQcer of high rank delivered to me the follow- 
ing papers : two directed to me, a proclamation, and the admiral's instruction to 
that officer, all herewith inclosed. You will see from their contents the advantage 
I might have derived from that kind of association. I may have evaded the pay- 
ment of duties to the custom-house, but I have never ceased to be a good citizen ; 
and all the offenses T have committed, I was forced to by certain vices in our 
laws. In short, Sir, I make you the depository of the secret on which perhaps 
depends the tranqui lity of our country. Please to make such use of it as your 
judgment may direct. I might expatiate on this proof, but I let the fact speak 
for itself. Be so kind as to assist me with your judicious counsel in so weighty 
an affair. I have the honor to salute you, 

J. Lafitte. 



ERA OF FILIBUSTERS. 29 

head-quarters. Soon a thousand men had ralUed about 
him, and a town was built. Lafitte entertained all visitors 
in royal style. He was a handsome man, with dignified 
manners, one well suited to rule. His men had strict 
orders not to interfere with American ships ; Spain being 
the country against which, according to their commission, 
they had a lawful right to wage war. Some of the sea- 
men, failing to obey his commands, the Americans com- 
pelled them to leave Galveston forever. Lafitte died 
some years later in Yucatan. It is said that he buried 
immense treasures on Galveston Island. Many have 
sought, but no one has found them. 

Texas Exchanged.— In 1819, the United States agreed 
to give up all claims to Texas, if Spain would make 
certain concessions concerning Florida, which the United 
States wished to purchase. Spain complied, and Texas 
was abandoned by our government ; but many Americans 
denied the right of Congress to sell or exchange any 
portion of American possessions. 

Long's Expedition.— Undisma^^ed by the failure of 
others, in 1819, Dr. James Long led an expedition into 
Texas, for the purpose of making it an independent re- 
public. It was the same old story of American rashness 
and Spanish treachery. Dr. Long, having surrendered 
under certain conditions, was thrown into prison, where 
he remained some time. At the request of the United 
States Minister to Spain, he was released. A few days 
later he was shot by a Mexican soldier. The reason has 
never been disclosed. 



80 



BLACKBOARD ANALYSIS. 



Closing Remarks. — The careful student will not deem 
the men, who were prominent during this period, mere 
adventurers. The Monroe Doctrine teaches that we shall 
allow no European nation to rule any section of North 
America. Belief in the wisdom of this doctrine did much 
toward influencing the leaders of expeditions, to enter 
Texas. That the Spanish government was tyrannical, 
and the early Mexican Republic equally so, was known 
to the world. The knowledge that they were striking for 
freedom, encouraged the filibusters to believe that their 
cause would succeed. 

BLACKBOARD ANALYSIS. 



ni. 



f 1. Revolution. (1809-10.) 
Condition of Mexico J ^- hidalgo. 



3. Second Revolution. 

4. Republic Established. (1823.) 



TI. Nolan's Expedition. (1797.) 



r 1. Louisiana Returned to Erance. 

I 2. United States Purchases Louisiana. 

Spain versus United States. ■{ 3. United States Claims Texas. 

4. Spain Claims a Portion of Louisiana. 

^ 5. Neutral Ground. 



r 1. Three Classes of Volunteers. 

2. Besieged at Goliad. (March, 1813.) 

3. Magee Wishes to Surrender. 

4. Americans Victors. 

5. Americans Capture San Antonio. 

(March, 1813.) 

16. Battle of Medina. (August 18, 1813.) 



Magee's Expedition 



Lafitte. 



\T:. Long"s Expedition. (1819.) 



f 1. Early Life. 

J 2. Home on Galveston Island. 

I 3. Refuses Offer from England. (1814.) 

[ 4. Bravery at New Orleans. 



ERA III. 

ERA OF COLONIZATION. 

(1S20-1 830.) 

AUSTIN'S COLONY.— While the stirring events of the 
L. last epoch where happening, rumors of the wonder- 
ful soil and climate of Texas spread far and wide. Many 
a fugitive from the ill-fated expeditions bore the story 
of his adventures to distant States. It happened that 
numbers of these adventurers were entertained in Mis- 
souri at the hospitable home of 

Moses Austin, a man of strong character and un- 
tiring energy. Being charmed by the description of the 
Sunny South land, he resolved to visit Texas and secure 
a tract of land for colonization. He could not have 
chosen a more favorable time. Mexico had just passed 
through a revolution, and the most liberal party in the 
Republic had triumphed ; the officers were anxious to 
do all in their power to induce good settlers to come to 
Texas. In 1820, Austin arrived in San Antonio, where 
he laid his petition for a grant of land before Martinez 
(mar tee'neth), the governor of the province. Instead of 
the kindness and encouragement he had hoped to re- 
ceive, Governor Martinez showed him only contempt and 



32 STEPHEN F. AUSTIN. 

suspicion. His petition was thrown aside, and he was 
ordered to leave the province at once. 

A Friend in Need. — With a heavy heart Austin left 
the Governor's building, not knowing what fate might 
befall him. Just then he happened to meet on the Plaza 
Baron Bastrop, an officer of importance, whose friendship 
Austin had won in New Orleans. To him Austin confided 
every thing. Bastrop proved himself a true fairy god- 
mother : through his influence the Governor allowed 
Austin to remain in San Antonio, examined his petition, 
approved it, and used his influence to secure the signature 
of General Arredondo. 

Return. — Not having time to wait for General Arredon- 
do's action, but feeling certain of success, in January, 1821, 
Austin set out for Missouri. A portion of the country 
over which he passed was scarcely more than a wilder- 
ness. He was robbed and deserted by his fellow-travelers ; 
the weather was cold and food was scarce. It is not to 
be wondered that, when at last he reached home, it was 
only to die. A few days before his death he received 
news that his petition had been granted, and that he was 
authorized to settle three hundred families in Texas. 
His dying request was that his son should take up the 
work and carry out the plans he had so fondly cherished. 

Stephen F. Austin needed no urging to undertake the 
task his father had left him.* He was in New Orleans 



* The " Father of Texas " was born in Virginia, November 3, 1793. He was 
educated ai New London, Conn., and Transylvania University, Ky. In 1818, he 
was a member of the Missouri Territorial Legislature. In 1819, he moved to 



ERA OF COLONIZATION. 



83 



when he learned that his father had secured a grant 
of land. Soon after came news of his father's death 
and dying request. In 
Natchitoches (natch i- 
toch'es) he met the 
Mexican commissioner 
who had been sent to 
guide the elder Austin 
into Texas that he 
might choose his land. 
Learning the state of 
affairs, the commis- 
sioner was quite will- 
ing to acknowledge 
Stephen Austin's claims. 
Austin selected for his 
colony the region lying 
south of the San An- 
tonio road, between the 
San Jacinto and La- 
vaca rivers. This included some of the most fertile land 
in the province, and was certainly the best choice he 
could have made. 

Inducements Offered Colonists.— Returning to New 
Orleans, Austin advertised for colonists. To each man 
over twenty-one he promised, according to the Mexican 
Colonization Law, six hundred and forty acres of land ; if 




STEPHEN F. AUSTIN. 



Arkansas, where he held the position of circuit judge. His after life is so 
closely connected with Texas history that it needs no separate recital. 



84 IICDUCEMEKTS OFFERED dOLO^ISTS. 

married, the man received three hundred and twenty 
more ; each child brought the father one hundred and 
sixty acres, while each slave brought his master eighty 
acres. When a colonist built a mill or any structure of 
use to the public, he was given more land. Merchants 
and mechanics were given town lots on which they might 
erect their stores or shops. All immigrants were to be 
free from taxation for six years. Austin, as empresario, 
or leader of the colony, was, on the fulfillment of his 
contract, to settle three hundred families, to receive im- 
mense grants of land. All colonists were required to be- 
come Roman Catholics and to swear to uphold the 
Mexican government. With the promise of so much good 
fortune, many immigrants were ready to follow Austin 
at once. 

The First Colonists. — Austin, being poor, was not able 
to fit out a vessel for carrying to Texas the needed tools 
and provisions. J. L. Hawkins, of New Orleans, his warm 
personal friend, came to his assistance by fitting out the 
schooner "Lively" with all necessary stores and placing 
her at his disposal. In November, 1821, the "Lively," 
with eighteen colonists on board, sailed for Matagorda 
Bay. Austin and some ten other immigrants started, on 
the same day, overland to Texas. Austin waited for 
months, expecting the "Lively" each day, but she never 
came, nor were any tidings ever received from her. 
Though much inconvenienced by this loss, Austin and 
his men did not despair. The few colonists who had 
come with him settled the fertile lands on the Brazos 



i 



I 



ERA OF COLONIZATION. 35 

and bravely began the work of changing Texas from 
a wilderness to the grand ''Lone Star" State of our 
Union.* 

Another misfortune befell Austin ; after a short time 
a revolution took place in Mexico. This compelled him to 
go to the City of Mexico to have his contract renewed. 
He also wished to have a full understanding concerning 
his rights in controlling the colonists. No time was to 
be lost. Leaving the little settlement under the charge 
of Josiah Bell, he started for Mexico, f 

Success of his Mission. — Reaching Mexico, he found 
the government in such a disturbed condition, he was 
forced to stay there over a year. Finally he succeeded 
in renewing his grant and obtaining an exact statement 
as to his powers. In 1823, he returaed to Texas, and 
great was the rejoicing of the colonists. 

Growth of the Colony. — Though the colony had grown 
weaker each month of Austin's absence, when he re- 
turned new life was infused into every thing. Immi- 
grants came in great numbers. While their hardships 

* The following from Mrs. Holly will give some idea of the hardships borne 
by the early Texas pioneers : " They were compelled to obtain their seed corn 
overland, and with much trouble, from Sabine or Bexar {bd har' ). Por months 
they were totally destitute of bread and salt. Sugar and coffee were luxuries, 
enjoyed only in remembrance or anticipation. Their only dependence for food 
was iipon wild game. To range the country for buffaloes was dangerous on ac- 
count of the Indians. The mustangs, or wild horses, fortunately, were abundant 
and fat, and it is estimated that over one hundred of them were eaten during 
the first two years of the colony." 

t On his trip he was overtaken and robbed by the Comanches. When, how- 
ever, they learned that he was an American, his property was returned and he 
was sent on his way unharmed. 



36 AUSTIN'S RULE. 

were still many, yet from this time the colony grew 
steadily. Austin surveyed and laid the foundation of 
the town San Felipe (fa lee' pa) de Austin, on the Brazos. 

Austin's Rule. — In the colony, Austin, as empresario, 
was in most respects absolute ruler. Seldom does a 
man who has unlimited power govern with such mild- 
ness as did Austin ; he was well named the " Father of 
his colony." Never marrying, he devoted himself to each 
and all of his colonists ; they looked upon him as a true 
friend. Every child loved him, for he was accustomed 
to take the little ones on his knee and tell them wonder- 
ful stories of his adventures. He knew how to be severe 
when duty demanded. Several disorderly men were 
banished from the colony. The settlers were much 
troubled by robbers. At first Austin had them captured, 
tied, and whipped ; but this seemed only to make them 
worse. On one occasion, when the robbers had not only 
stolen horses, but had murdered the owners, Austin bade 
his men follow the thieves, capture the horses, but not 
bring back the robbers, as that would be useless trouble. 
This hint was enough. The colonists killed all but 
one, who managed to escape. They cut off the head 
of the ringleader and put it upon a pole by the way- 
side. This warning to the thieves had a most desirable 
effect. 

Later Contracts. — Having by 1825 introduced the 
three hundred families called for in his contract, Austin 
asked permission to bring in five hundred more. In 
182 7, he was ready for another hundred. In 1828, he 



ERA OF COLONIZATION. 37 

obtained land for three hundred. Leaving his colony- 
growing thus rapidly, it will be best to take a glance at 
other parts of Texas. 



EDWARDS' COLONY. 

The Grant. — In April, 1825, the land between the Sa- 
bine and the Navasota rivers was granted to Hayden 
Edwards. His contract called for eight hundred families. 
In October of the same year, Edwards, with his family 
and a number of immigrants, arrived in Nacogdoches, 
where they went to work with much energy and deter- 
mination. 

Trouble. — It happened that, scattered here and there 
over Edwards' land, were settlers who had come before 
he received his grant ; these parties claimed immense 
tracts of land. Some of them were lazy, insolent Mex- 
icans, while many others were criminals from the "Neutral 
Ground." It is easy to see what troubles necessarily^ fol- 
lowed. Edwards gave the legal six hundred and forty 
acres to each married man among his colonists. Many 
an industrious settler cleared his farm, built his cabin, 
and gathered about him a few domestic animals, only to 
come home some day and find his entire property claimed 
by some worthless Mexican, who said the land had been 
his for years. Edwards appealed to the Mexican officers, 
but they always decided in favor of their countrymen, 
let their cause be ever so unjust. In the midst of all 
this, Edwards was forced to go to the United States to 



38 FREDONIAN REBELLION. 

arrange for bringing more families to his colony. His 
brother, Benjamin Edwards, was left in charge of the 
settlement. As the trouble grew worse, Benjamin Ed- 
wards, acting on Austin's advice, wrote a full account of 
the state of affairs to Blanco, the G-overnor of the State. 
This letter breathed in every word a love for liberty and 
hatred for injustice, yet it was by no means insolent. 
Imagine Edwards' surprise to receive an answer contain- 
mg, among other unpleasant remarks, the following start- 
ling order: "I have decreed the annulment of Hayden 
Edwards' contract and his expulsion from the Mexican 
Republic. He has lo§t the confidence of the government, 
which is suspicious of his fidelity ; besides, it is not prudent 
to admit those who begin by dictating laws as sovereigns. 
You will evacuate the country, both yourself and Hayden 
Edwards." 

Fredonian Rebellion. — Edwards had spent thousands 
of dollars on his colony, and did not feel like losing such 
an amount. So soon as the news spread that his con- 
tract was annulled, Mexicans from all around the coun- 
try rushed in to claim the homes and farms of the 
Americans. Driven to desperation, Edwards and several 
of his colonists banded themselves together as Fredo- 
nians, and resolved to fight for the liberties that had 
been promised them.* The Indians promised to help the 

* The commander of the Fredonian soldiers was Martin Parmer, an eccentric 
hero, of whom some odd stories are told. Before coming into Texas, he lived in 
Northern Missouri, fifty miles from civilization. He owned a bear dog, for which 
he gave $50. This dog kept him supplied with such a quantity of meat, that 
the Indians came to him from far and near to get food, which he generously 



EKA OF COLONIZATION. 6d 

Fredonians, but were bought over by the Mexicans. After 
a skirmish or two, a large body of Mexicans advanced 
upon the httle band of rebels. Overpowered by the 
strength of the enemy, the Fredonians at once retired 
across the Sabine. Through Austin's influence, the Mex- 
icans treated the colonists who remained with some 
justice. Edwards' grant was divided between David Gr. 
Burnet and Joseph Vehlein. The unjust treatment of 
Edwards was a mere forerunner of the host of tyrannical 
deeds that finally caused Texas to rise in her youthful 
vigor, and throw off the Mexican yoke. 

TEXAS AS A WHOLE. 

Population.— During this period, some twenty empre- 
sarios took out grants of land.* The majority did not 
succeed in filling their contracts, yet something was 
done in each case. In 182 3, San Antonio contained five 
thousand inhabitants, yet the Comanche Indians often 
rode in and took possession of the town. The year 182 5 

gave away. One day, he received a visit from a noted Indian warrior called 
"Two Hearts." He won this name from killing a white man, and then eating 
his heart 1 Parmer welcomed Two Hearts, spread before him a tremendous sup- 
per of meat, and bade him help himself. AVhen the Indian had eaten enough, 
he was about leaving, but Parmer, drawing his knife on him, made him continue 
to eat. Poor Two Hearts ate, and ate, and ate until it killed him ; a novel way 
to execute a criminal ! When the bear dog died, Parmer sent fifty miles for a 
minister to come preach his funeral. The preacher, thinking some member of 
the family was dead, traveled the fifty miles, reached the house after the body 
was buried, and actually preached an eloquent sermon on the deceased. 

* Among these empresarios were Green Dewitt, Benjamin R. Milam, Robert 
Lieftrich, Sterling 0-. Robertson, Joseph Vehlein, David G. Burnet, James Powers, 
and Don Martin de Leon, 



40 TEXAS AS A WHOLE. 

has been called the year of immigration ; for, from that 
time, many families came separately to settle, and received 
their lands directly from the government. Texas was 
dotted with American colonies ; these began to unite 
their forces, preparing for the great struggle that was 
approaching. 

Government.— Texas had been ^a separate State of the 
Mexican Eepublic, but in 1824 she was united to the 
State of .Coahuila (co a -^ee' la) ; the capital was changed 
from San Antonio to Saltillo (saiteeryo). As this caused 
the Governor to live such a distance from Texas, a Chief 
of the Department of Texas was appointed. This whole 
plan was unpleasant to the Texans. They were promised, 
however, that so soon as Texas reached a certain popu- 
lation, she should again become a separate State. The 
State officers were never elected by the people, while the 
town authorities were. On the grants of land, the 
empresarios had, as in Austin's case, almost unlimited 
power. 

The Indians caused the colonists so much trouble, 
that a hundred volunteers were called for from Austin's 
colony to attack them. The little army found the vil- 
lage of two troublesome tribes, and were on the point 
of attacking it, when the scouts of the savages saw the 
whites, and gave the alarm. The braves leaped on their 
mustangs, and were off like a flash. The colonists capt- 
ured the village, squaws, and children ; the latter were 
treated kindly, and soon released ; nor were the wigwams 
of the Indians burned. Whether this heaping of coals of 



ERA OF COLONIZATION. 



41 



fire on their heads did any good, history fails to state. 
The whites pursued the Indian warriors, but killed only 




EARLY MORNING ATTACK BY INDIANS. 

one ; they took a number of horses and buffalo robes, 
besides destroying all the ammunition they could find.* 

Growth.— Up to the close of this period, 'the colonists 
increased; in 1830, there were twenty thousand Amer- 
icans in Texas. 



* On their return trip to the settlement, the colonists stUlered much for food, 
as the Indians had frightened away all the game. For days, the soldiers had 
nothing to eat save persimmons and acorns. A young Englishman of the party, 
not knowing any better, ate the persimmons, green or ripe, just as he pulled them 
from the tree. Finding that he could not speak, and that his mouth would not 
come untwisted, he thought he was poisoned. 



42 MANNERS AND CUSTOMS. 

MANNERS AND CUSTOMS. 

Texas, November 5, 1830. 

Dear Friend : — Your letter came a month since. I am sure you 
can not imagine with what joy it was read ; you, who receive your 
mail twice a week, know nothing of the hunger we suffer for news 
from relatives, friends, and the great world. If the mail reaches us 
once a month, we consider ourselves fortunate. But, after all, there 
is a silver lining to this dark cloud, for when letters and papers do 
arrive, we enjoy them a thousand times more than we did in Vir- 
ginia. Dear old Virginia ! I love to even write the name, it brings 
back so many pleasant memories. 

But now to answer your numerous questions concerning our 
Texas home. When we reached here, for some weeks we camped 
out, or tented, as it is called, for Mr. Ray had so much to do in 
looking over the country, that he had no time for building. Early 
one morning, however, the negroes — we had brought ten with us — 
were set to work, and in a few days I was mistress of a mansion. 
It was a log house, with two large rooms and a broad hall between ; 
it was considered the palace of the surrounding country. I never 
remember experiencing a greater thrill of pride than when I stepped 
into my log castle. Doors were unheard-of luxuries, so I hung gay 
quilts across the openings where the doors ought to be. A bed 
and table were my only pieces of furniture*, as all our goods shipped 
from New Orleans were lost. Trunks did for chairs. You may 
wonder why we do not buy furniture, but when I tell you the near- 
est town is seven.ty-five miles away, and that there you must have 
every thing inade, you will not be surprised at our condition. 

Never, my dear Florence, did I see true hospitality until I came 
here. Why, at every house, be it ever so humble, you are a welcome 
guest ; they ask you to have coffee or, if it be meal-time, to share 
their food. The coffee-pot is always kept filled with coffee. I'd like 
to see you take a drink of it. The average Texan scorns cream and 
sugar; he wants his coffee as strong and black as possible. I have 
learned to drink it bitter, for since our sugar gave out we have not 
been able to get more, 



ERA OF COLONIZATION'. 43 

As you afe curious to know what we find to eat, I'll enter into 
particulars. When we came here game was scarce for several months 
on account of a drought. We engaged an Indian, whose sole duty was 
to supply us with meat, and, as he knows all the surrounding country, 
he has kept us stocked with venison, game, and bird-eggs. We could 
do without him now, for the woods are full of birds and prairie 
chickens, but we have become so much attached to him that we 
won't give him up. For bread we have not fared so well. Our flour 
was shipped, but never reached us. We have had enough corn bread 
most of the time, and have no fear for the future. Did you ever do 
without salt for a week? That is the experience we had, and in 
Austin's colony they went without for much longer. You can not 
imagine how necessary it is to your comfort till you are deprived of 
it. Dear me ! it makes me shudder to think how tasteless every 
thing was. 

Our hunter brings us plenty of honey, which he gets from the 
"honey-trees," so called because the bees are fond of depositing their 
honey in that kind of a tree. Many of the hunters will not be 
bothered gathering the honey, as they wish the wax to sell to the 
Mexicans. You know the Mexicans are all Catholics, hence they 
consume great quantities of the wax in making candles for their 
churches. By the way, speaking of honey reminds me of a curious 
fact our hunter told me about bees. He says bees never come to a 
country except when the pale-faces are to follow. Whenever the 
honey becomes plentiful the wise Indian moves away, for he feels 
sure the Great Spirit has sent him this warning that the whites are 
coming. 

About a week after we came here our nearest neighbor, only 
thirty miles away, sent us some butter, eggs, and chickens, with the 
request for coffee in exchange. I was only too willing, as I was 
anxious for poultry. This system of trade is rather common. If any 
one would come here with a large supply of coffee and sugar, he 
could buy up almost every thing in the country. 

We now have an abundance of butter and milk, while my fowls 
are as fine as any you have. 

All settlers in Texas have not been so fortunate as we have. The 



44 MANNERS AND CUSTOMS. 

following pitiful account was given me by Mr. Dewees, who has 
written a series of interesting letters on Texas: "Our sufferings have 
been great for want of provisions. On account of the dry weather 
our crops were poor, and are now entirely spent ; the game has left 
this section of the country. There have many new settlers come on 
this fall, and those who have not been accustomed to hunting in the 
woods for a support must suffer. A party of men is obliged to go 
out each morning to hunt food, leaving some men at home to guard 
the women and children from the Indians, who are very hostile. 
G-ame is now so scarce that we often hunt all day for a deer or 
turkey,, and return at night empty-handed. It would make your 
heart ache to see the poor little half -naked children, who have eaten 
nothing during the day, watch for the return of the hunters at night. 
As soon as they catch the first glimpse of them, they run to meet 
them. If the hunters return with a deer or turkey, the children are 
almost wild with delight ; if the hunters are empty-handed, the 
children stop in their course, their countenances fall, the tears well 
up in their eyes and roll down their pale cheeks." 

The dress of the people varies according to the length of time 
they have been in Texas. Acting on my mother's advice, I brought 
clothes enough to last us several years; others have done the same, 
but the great majority brought scanty wardrobes. The question of buy- 
ing dry goods here is a serious one. Calico costs seventy-five cents per 
yard ! As money is scarce with us all, a lady seldom has more than 
one Texas calico dress. Men and women sometimes dress in skins. 

The society is just what you might expect from the mixture of 
people we have here. Last Sunday we paid a long-promised visit to 
Mr. Y. and family ; he was a classmate of my husband at Yale. 
They are living in a shed built under a cluster of trees, as their log 
house is not yet finished. There were no windows, but the light had 
plenty of room to come in at the cracks. In that one little room were 
four beds— as white and inviting looking as any in Richmond— china, 
glass-ware, a few pieces of silver, and several books. All was as 
neat as wax. Mrs. Y. was dressed in a neat linen wrapper and a 
lace cap, while Mr. Y. was also in faultless attire. Now, that is one 
side of the picture ; here is the other. The next day we had occasion 



ERA OF COLONIZATION. 45 

to stop for dinner at Mr. K.'s. He and his wife were dressed in 
skins. The cabin was dirty; the rickety old bed was still dirtier; 
the bill of fare consisted of fried bacon, black coffee, and corn bread. 
The host took Mr. R. aside and asked him: "Say, stranger, what 
was your name afore you came down here? and what did you do to 
make you come?" Mr. Ray answered: "I came for health, and my 
name was as it is now, Henry Ray." It was easy to see that our 
friend did not believe the statement. He left Georgia five years ago 
for stealing horses. 

Of our educational advantages I can not boast. Mexico has re- 
cently passed two laws, one that a school shall be established in each 
division of each State ; the other that the children shall be taught 
reading, writing, arithmetic, Roman Catholic religion, and the cate- 
chism of all the arts and sciences ! These laws amount to nothing. 
We really have no public system of education. Mr. Poinsett has 
written an account of his visit to a school in Mexico. He says: 
"I have just returned from visiting a school, and have been much 
amused at the appearance of the pedagogue. In a large room 
furnished with two or three cowhides spread on the floor, and half 
a dozen benches, were ten or twelve urchins, all repeating their 
lessons as loudly as they could bawl. The master was stalking about 
the room, with a ferule in his hand, and dressed in a rnost grotesque 
manner. He had an old manta wrapped about his waist, from under 
which there appeared the ends of tattered leather breeches, hanging 
over his naked legs ; sandals were bound around his ankles ; a leather 
jerkin, the sleeves worn off, and a dirty handkerchief twisted round 
his head, above which his shaggy hair stood erect, completed his 
dress. He seemed perfectly unconscious of his uncouth appearance, 
but received me courteously, dismissed his scholars immediately, and 
entered upon a conversation. He told me he was born in that house, 
and had never wandered beyond that village. Several of the country 
people came in while we were talking, and treated the pedagogue 
with great respect." A few private schools exist. As the country 
becomes more thickly settled, these will increase. 

How often do we attend church? Don't be too shocked when I 
tell you we heard our last sermon in Virginia. No ministers are 



46 MANNEKS AND CUSTOMS. 

allowed here except Catholic priests, as we are all required to prom- 
ise to maintain the Catholic religion. Many of the Americans do 
not pay the least attention to the promise. If we wanted to go to 
church ever so much, we could find in this part of Texas no church 
and no minister. I have heard that in other portions of Texas a few 
preachers, in spite of the laws, do live and hold meetings. We have 
not even a Roman Catholic church anywhere near us. Sunday is 
spent by most Texans in hunting, fishing, and breaking wild horses. 
All elections are held on Sunday. Some of us, however, observe the 
Sabbath, and try to live as if we were still in Virginia. 

*•* * * ^ * * * * 

My letter has been delayed, as the boat we expected did not 
come. I am not sorry, as it gives me a chance to tell you of a ball 
we attended last week. It was given in honor of a young bride, 
Mrs. T., whose husband owns large tracts of lands. She was a New 
Orleans belle. The guests came from miles around the country. 
The bride was as pretty as a picture ; she was dressed in pink silk 
trimmed with exquisite lace ; her diamonds were superb. All the ladies 
were out in their best dresses. 'Twas a merry crowd. What differ- 
ence did it make to us if we didn't have smooth floors, fine music, or 
brilliant lights? We were happy. The entire evening I found myself 
asking, "Can this be Texas?" If you could have looked round upon 
the bright faces and pretty dresses, or if you had heard the spark- 
ling conversation, you'd have wondered too. However, ere midnight 
we had a taste of Texas. In the midst of the "Old Virginia Reel" 
a piercing shriek was heard. " The Indians ! " was the cry that burst 
from each and all. In a second the gentlemen had dropped the hands 
of their fair partners and seized their rifles, which are always kept 
near. Out they rushed, under the lead of our host. Captain Y. While 
no attack had been expected that night, yet Captain Y. had placed 
four of his servants to keep watch. They could not resist the temp- 
tation of occasionally coming near enough the house to see the 
dancing. On returning to their post, one of them fell, pierced by an 
arrow ; his dying scream was the alarm of the approach of the 
savages. I could not but admire the courage of young Mrs. Y. 
While some of the ladies were crying and wringing their hands, she 



ERA OF COLONIZATION. 47 

Coolly placed in her sash the pistol her husband had given her on 
leaving, and then advised us to sit where we would not be exposed 
to arrows or bullets shot through the windows. In half an hour the 
worst was over. The savages, being disappointed at not taking us 
by surprise and finding their men falling fast, retreated. Only two 
of the gentlemen were wounded, nor were the wounds severe. You 
may rest assured, however, that we did not sleep much that night, 
nor did we go home for two days, as the Indians were skulking near 
to waylay us. 

Hoping you may make up your mind to make us a visit, and 
with much love to all my friends, 

I am, ever yours, 

J. C. R. 

Note.— The following extract, written by a teacher who came to Texas in 
1828, is taken from the " Texas Scrap-Book " : 

"I would here correct one erroneous impression in relation to the character 
of the early settlers of Texas. Many believe they were rude and ignorant, with 
many vices and few virtues, and for the most part refugees from justice and 
enemies to law and order. That there were some rude and illiterate people among 
them is no more than may be said of almost any society, and that some were 
vicious and depraved is equally true, but what there was of evil you saw on the 
surface, for there was no effort at concealment and no reason to act a borrowed 
part. Assassins, if there were any, appeared as such ; now they often appear in 
the guise of gentlemen, that they may conceal their true characters and accom- 
plish their object. No one estimates more highly than the writer, the intelli- 
gence, enterprise, and virtue of the present population, and yet he fully believes 
there were in the early history of Texas more college-bred men, in proportion to 
the population, than now, and as much intelligence, good common sense, and 
moral and religious culture among the females as among the ladies of the pres- 
ent day. Many had moved in the higher circles of our large cities, and some had 
filled stations of honor and responsibility. Some were incited to emigrate by a 
spirit of enterprise and romance, and some, having been unfortunate in their 
pecuniary enterprises, sought to improve their circumstances in a new country, 
and not a few were the votaries of health who, unable to endure longer the 
rigors of a cold climate, sought relief in the sunny climes of the South." 



48 



BLACKBOAED ANALYSIS 



BLACKBOARD ANALYSIS. 



I. Moses Austin. 



IT. Stephen F. Austin. 



m. Edwards' Grant 



IV. Other Empresarios. 



1. Resolves to Settle in Texas. 

2. Trip to San Antonio. (1820.) 

3. Reception and Harsh. Treatment. 

4. Baron Bastrop Seciires Grant of Land for 

Him. 
. 5. Death and Dying Request. 

1. Early Life and Character. 

2. Choice of Land. 

3. Inducements Offered Colonists. 

4. Settlement Made. (1821.) 

5. Hardships of Colonists. 

6. Growth of Colony. 

7. Government of Colony. 

1. Location of Grant. (1825.) 

2. Growth. 

t 3. Eredonian Troubles. 

r 1. Dewitt. 

2. Milam. 

3. Leftrich. 

4. Robertson. 

5. Vehlein. 

6. Burnet. 

7. Powers. 



! v. Union of Texas and Coahuila. (1824.) 
> "VT. Condition of Texas in 1830. 



ERA IV. 

ERA OF REVOLUTION. 

(1 830-1 836.) 

TNTRODUCTION.— From 1830 to the battle of Goliad, 
± Texas may be compared to a volcano preparing for 
eruption. Flames of wrath would suddenly burst forth, 
lighting the skies with an angry blaze, then all would 
fade, till there seemed naught but the golden clouds of 
a peaceful sunset. The murmurs of the people often 
swelled into such a tempest, that the very earth trem- 
bled ; then all was hushed. 

REMOTE CAUSES OF THE REVOLUTION. 

(1.) Treatment of Americans —While Bustamente was 
President, laws were passed (1830) forbidding Americans 
settling in Texas. Other nations were heartily welcomed, 
but for the United States, whose inhabitants had changed 
Texas from a wilderness into a civilized State, Mexico 
had nothing but fear and hatred. Americans were not^ 
permitted to trade in Texas. This gave the Mexicans an 
opportdnity of fixing their own prices on all goods sold. 
As many of the Texans had friends and relatives in the 



50 REMOTE CAUSES OF THE REVOLUTION. 

United States whom they wished to have with them, the 
law prohibiting immigration was not obeyed. This caused 
constant trouble. 

(2.) Settlement of Convicts. — Mexico ordered that a 
certain number of convicts should be sent to Texas to 
found colonies. Nothing would have more quickly and 
more certainly destroyed the prosperity of Texas. It is 
then not to be wondered that our forefathers grew in- 
dignant. 

(3.) Custom-houses. — The Texans had been free from 
all taxes. Now custom-houses were established, and enor- 
mous duties charged. 

(•1.) Martial Law. — On the slightest pretext, the Mexi- 
can officers declared the country under martial law. Inno- 
cent men were arrested and imprisoned without knowing 
the crime with which they were charged. To obtain a 
fair trial was impossible. Mexican troops were placed at 
various points, and the Texans were forced to support 
them. In spite of the presence of so many soldiers, the 
Texans suffered much from the Indians. To feed and 
clothe troops, and then be compelled to do their own 
fighting, was more than the Texans felt disposed to do. 

(5.) Blockade. — When the Texans dared complain of 
their wrongs, they were punished by having all their 
ports closed except Anahuac (an a ^A^ak'). This harbor 
was so situated that only small vessels could enter, hence 
this action really amounted to a blockade. 

(6.) Union with Coahuila (eo a ^7vee' la). — It was shown 
in the last era that Texas was no longer a separate State 



ERA OF REVOLUTION. 51 

of the Mexican Republic, but had been joined to Coahuila. 
The Texans were promised that this union should only 
last till their State had a certain number of inhabitants. 
That time had now come, but Mexico paid notice to 
neither her promise nor the requests of the Texans. 

Defense of Mexico. — The students of history must 
examine both sides of each important question to be 
able to form an impartial opinion. What caused Mexico 
to pursue such a course toward Texas? This is a ques- 
tion that must present itself to ever}^ thoughtful reader. 
The following is the most charitable construction to be 
placed upon her actions : The United States had never 
been satisfied to see Texas belong to Mexico. She had 
tried to buy Texas, but Mexico always refused to sell. 
Mexico being constantly in the throes of revolutions, was 
conscious of her own weakness ; she feared if the Amer- 
icans continued to settle in Texas, they might rebel, and 
with the help of their country, throw off the Mexican 
yoke. Hence she resolved to keep out other Americans, 
and to thoroughly crush the spirit of those who were 
alread}^ within her boundaries. Looking at the matter 
as one may, no humane person can find justice in Mex- 
ico's rule of Texas. That she was vastly mistaken in the 
nature of the men she wished to crush is shown by the 
events of the next few years. 

Santa Anna was at this time playing the part of 
patriot. He took up the cause of the common people, 
declared himself opposed to the Church party, avowed 
his unceasing love for the republic, and his willingness 



52 CONVENTION OF SAN FELIPE. 

to die in its defense. He conquered all opponents ; he 
won the love of the masses by promising them more 
liberty. The Texans were deceived by his pledges, and 
took up arms in his support. In 1833, Santa Anna was 
elected President of the Mexican Republic. At his in- 
auguration, when the people crowded about, eager to 
show him all honor, he made many fair promises which 
he made haste to break. 

Convention at San Felipe (fa lee' pa). — The Texans noAv 
resolved to make a strong appeal to the government for 
separation from Coahuila. In March and April, 1833, a 
convention of delegates from various parts of the State 
met at San Felipe. Among these were men whose names 
were soon to be written upon the hearts of their country- 
men, such as Stephen F. Austin, Sam Houston,* David 
G. Burnet, Branch T. Archer, and J. B. Miller. 



* Sam Houston was born in Virginia, March 2, 1793. In 1810, his father 
died, and his mother moved her family to Tennessee, which was then on the 
border of ci\alization. Here he went to school, and worked on a farm. It hap- 
pened one day that he found a translation of Homer's Iliad, read it, and be- 
came charmed. He asked his teacher to allow him to study Latin, but his request 
was refused. In a passion, he turned, and exclaiming, " I'll never recite another 
lesson as long as I live," left the school-room. His older brother put him in 
a store as clerk. He hated this life, and vowed he would die if forced to remain. 
He soon disappeai^ed. Search was made, and he was at last found among the 
Cherokee Indians. In answer to the appeals of his brothers to return home, he 
replied : " I'd rather measure deer tracks than tape. Here I can have peace to 
read Homer, Virgil, and Demosthenes ; so go off and let me alone." He remained 
with the savages till his clothes were worn to shreds. Going home, he stayed 
with his mother some time ; but at the least show of tyranny from his brothers, 
he was off to the Indians. It is said that he could repeat the whole of Pope's 
translation of the niad. After a few years, he surprised every one by announcing 
his intention of opening a school I Sam Houston as a teacher I the people opened 
their eyes. However, he made a success of his Tindertaking, had more pupils 



ERA OF REVOLUTION. 53 

The Constitution. — A committee appointed by this 
convention drew up a constitution for Texas. This docu- 
ment granted trial by jury, writs of habeas corpus, free- 
dom of the press, the right to petition, and direct suffrage. 
It said nothing of religious liberty, as the Texan leaders 
well knew Mexico would grant nothing in that line. 

The Memorial. — A second committee, with David G. 
Burnet as chairman, prepared a memorial to the Mexican 
government, showing why Texas should be separated from 
Coahuila. The following reasons were given: 1. Coahuila 
and Texas differed in soil, climate, productions, interests, 
and population ; hence laws suitable for one would be in- 
jurious to the other. 2. The wilderness between the two 
States kept Texas from receiving prompt aid from the 
large bands of soldiers Avho were stationed at the capital ; 
if Texas were a separate State, she could have her own 



than he wanted, and raised the tuition from $6 to ^8 per year 1 In a battle 
fought with the Creek Indians in 1813, he showed such bravery, that he won 
the lasting friendship of Andrew Jackson. At the age of twenty-four, he began 
to study law. After holding many minor offices, he was, in 1823 and 1825, elected 
to Congress. At the close of his second term, he was elected G-ovemor of Ten- 
nessee. In January, 1829, he married a lovely and charming young girl; but in 
April, the bride went to her father's, and returned no more beneath her hus- 
band's roof. The people were surprised and amazed, but no explanation was ever 
given. The cause of the separation is still a mystery. He was abused in the 
most bitter terms by many of the Tennessee papers. Public feeling was strong 
on both sides. He resigned, gave up all the charms of civilized life, and sought 
refuge among the Cherokees, the friends of his boyhood. Years before he had 
been adopted by the chief of the tribe. On his arrival at the village, he was 
warmly welcomed, and invited to take part in all their councils. With the ex- 
ception of some months spent in Washington, where he went to reveal to Presi- 
dent Jackson the terrible wrongs of the Indians, Houston remained among the 
Red Men three years. Pate then directed him to Texas, where he at once took 
his place among her leaders, 



54 AUSTIN'S IMPRISONMENT. 

troops. 3. The laws that governed Texas were in a for- 
eign language. 4. The courts and officers were six 
hundred miles distant ; hence months and sometimes years 
passed before a trial could be obtained.* 

Commissioners. — Stephen F. Austin, W. H. Wharton, 
and J. B. Miller were appointed commissioners to carry 
the memorial to Mexico and press the claims of Texas. 
Austin alone went. 

Austin's Imprisonment^ — When, in the spring of 183 3, 
Austin reached the capital, he found that city, as usual, 
disturbed by a revolution. He stated his cause, but was 
told that the President and his officers had more impor- 
tant subjects to consider. Texas must bide her time. 
After months of weary waiting, Austin, in despair, wrote 
his people (October 2, 1833) to form themselves in a 
separate State without Mexico's consent, for Texas had no 
chance of obtaining any thing from the Mexican officials. 



* The following short extract will show the style and spirit of the Memorial. 
Speaking of the condition of Texas, it reads : " Bexar is still exposed to the dep- 
redation of her ancient enemies, the insolent, vindictive, faithless Comanches. 
Her citizens are still massacred, their cattle destroyed or driven away, and their 
very habitations threatened. Her schools are neglected, her churches desolate ; 
the sounds of human indtistry are almost hushed, and the voice of gladness and 
festivity turned into lamentations by the disheartening evils which surround her 
defenseless population. . . . We believe if Texas were admitted to the Union as a 
separate State, she would soon figure as a brilliant star in the Mexican constel- 
lation, and would shed a new splendor around the illustrious city of Montezuma. 
. . . . England never aspired to the "dominion of the seas," until she had 
united the hardiness of Scotland and the gallantry of Ireland to her native prowess. 
And Mexico may yet realize the period when the descendants of the Montezumas 
will rejoice that their coalition with the successors of Fernando Cortes has been 
strengthened by the adoption into their national family of a people drawn by 
their own gratuitous hospitality from the land of Washington and freedom." 



ERA OF REVOLUTION. 55 

In December he started home. His letter was seized and 
read by an officer, who, thinking it treasonable, sent it 
to President Farias.* 

When Austin reached Saltillo (sal teer yo), he was ar- 
rested as a traitor and taken back to Mexico, where he was 
kept a prisoner for nineteen months. Fifteen months of 
that time he was kept in soUtary confinement, not allowed 
even writing materials. He asked again and again for a 
trial, but in vain.f 

Santa Anna and Austin. — In May, 1834, Santa Anna 
re-assumed his duties as President, and in October called 
a council to hear Austin's plea for Texas. Austin's ear- 
nest eloquence won from the President promises to repeal 
the decree forbidding Americans to emigrate to Texas, 
to establish a regular mail system, and to station four 
thousand soldiers at Bexar (ba harO for the protection of 
the country. With these favors Texas, he said, must be 
content, nor should she dare even dream of separation 
from Coahuila until Mexico desired. Austin was still kept 

* Santa Anna liad for the time turned over the government to his Vice- 
President, Farias, and was devoting himself to forming schemes for making him- 
self absolute ruler. 

t Dewers, one of Austin's colonists, writes : " We have been considering how 
we might liberate Austin. We decided at one time to send two or three men 
to Mexico, with a petition for his release ; if we failed in this way, we thought 
we would send on an armed force and release him in that way. We are deter- 
mined to free him if at the risk of our lives. Austin is bound to us by many 
and strong ties, and we can not bear that he should suffer. He is our empresario, 
the one who settled us here, a friend to whom we have looked for counsel in war 
and peace. He has cared for us as a father cares for his children ; he has 
endiTred with us trials and hardships. We are determined he shall be free." 
The cooler heads among the colonists persuaded the Texans to take no step to- 
ward freeing Austin, till they heard from him. 



56 



SANTA ANNA'S SCHEMES. 



a prisoner ; why, no one conlcl tell, though many inqui- 
ries were made by his anxious friends in Texas. 

Santa Anna's Schemes. — For some time Santa Anna 
had been planning to throw off his mask of devotion to 
his country and claim unlimited j)ower. Early in 1834, 
he saw he could bring both the Church and the army to 




PRESIDENT SANTA ANNA. 



his support ; though he had a short time before been 
the open enemy of the Church, he now became an ear- 
nest friend. A revolution ensued. Santa Anna was suc- 
cessful ; he became in a measure absolute ruler of Mexico. 



ERA OF REVOLUTION. 57 

Being keen enough to see that Texas was settled by a 
superior class of men, and wishing to have them on his 
side, he called the council mentioned in the last topic. It 
is supposed that he held Austin as a hostage for the 
good behavior of the Texans. Durmg 1835, he continued 
the work that was to destroy the free Kepublic of Mexico. 
He had a Congress elected that had no will but his own. 
Under his orders it commanded the Legislatures of various 
Mexican States to dissolve. Most of the States obeyed. 
When one resisted, Santa Anna hurled upon the inhabit- 
ants his cruel soldiers, who kihed, burned, and plundered 
to their hearts' content. 

IMMEDIATE CAUSE OF TEXAS REVOLUTION. 

Hearing that Texas was not disposed to yield to his 
power, Santa Anna decided to crush this dangerous spirit 
of revolution. His first attempt to carry out these plans 
proved to be the spark that was needed to set ablaze the 
smoldering fires of the Texas Revolution. 

THE YEAR 1835. 

Committees of Safety. — Early in this year, the colonists 
held meetings and appointed Committees of Safety, that 
were to take charge of public matters and keep the dif- 
ferent sections of the State informed as to what was go- 
ing on. They also declared themselves in favor of a sepa- 
ration from Coahuila, with or without Mexico's consent. 
They made arrangements for a general consultation of 



58 AUSTIN'S RETURN. 

delegates sent from all parts of Texas. They did not, 
however, renounce their allegiance to Mexico ; they only 
demanded justice at her hands. 

General Cos. — In September, Santa Anna sent into 
Texas some four hundred additional troops, under com- 
mand of General Cos. The general and his men took 
every occasion to proclaim their mission in the following 
terms; "General Cos, with his troops, intends to overrun 
Texas, establish custom-houses and detachments of his 
army where he thinks proper, to disarm the people, drive 
out all Americans who have come to Texas since 1830, 
and to punish those who have insulted the supreme 
government of Mexico and refused obedience to its laws." 
The Texans made a solemn vow that, with God's help. 
General Cos should find that American freemen would 
never submit to such tyranny. 

Austin's Return. — About this time, Austin, having been 
released, returned to his hoiue, after an absence of more 
than two 3^ears. His reception was such as to have touched 
the coldest heart. Old friends gathered about him ; tears 
and sobs mingled with the smiles of welcome. Austin was 
deeply moved. All turned to him for advice. He ap- 
proved their Committees of Safety and the plan for a 
general consultation.* Up to this date the Texans had 

* In a speech made to a large crowd that had come to welcome him, Austin 
said : " My friends, I can truly say that no one has been, or is now, more anx- 
ious than myself to keep trouble away from this country. No one has been, or 
is now, more faithful to his duty as a Mexican citizen. But how can I, or any 
one, remain indifferent when our rights, our all appear to be in jeopardy ? It is 
impossible. The crisis is such, that something must be done, and that without 



ERA OF llEV^OLUTIOiNf. 59 

been divided as to war or submission, but with Austin's 
influence at work, it was decided that at the first at- 
tempt of the Mexicans to disarm the colonists, every 
Texan should rise in arms. 

Battle of Gonzales. — There was at Gonzales a small 
brass cannon that had been given the Texans to protect 
the tov^n from the Indians. The Mexican commander 
sent a messenger demanding its surrender. The Texans 
refused. General Castenado was ordered to advance with 
one hundred and sixty men against Gonzales. He was to 
command the alcalde to give up the cannon ; if the of- 
ficer did not obey, force was to be used. When General 
Castenado reached the banks of the Guadalupe, just oppo- 
site the town, he found all the ferry-boats had been 
taken to the other side. To cross his men was dangerous, 
for a company of armed Texans was keeping guard over 
the ferry. The colonists had only eighteen men at Gon- 
zales. Hence, when the messenger came to the alcalde de- 
manding the cannon, they sent word that the alcalde was 
absent and they could give no answer till his return. This 
was September 2 9. Couriers were at once sent through 
the country to give the alarm. As in 1775 the brave 
Minute Men left their plows, shouldered their muskets, 
and hastened to Lexington, so now the colonists came to 
Gonzales. After deceiving the Mexicans three days as to 

delay. WTiat are we to do? Let all personalities, or division, or excitements, 
or passions, or violence, be banished from among us. Let a general constdtation 
of the people be called as speedily as possible, and let them decide what repre- 
sentation ought to be made to the general government, and what ought to be 
done in the future." 



60 BATTLE OF GONZALEZ. 

the alcalde, word was sent that he had returned, but would 
not give up the cannon. Castenado replied: "I have 
come for the cannon, and will not return without it." 
Two days passed, however, and he made no attack.* A 
council of war was held, October 1, and it was decided 
to attack the Mexicans the next morning at day-break. 
In the dead of night, the little army of patriots, now 
numbering one hundred and sixty, crossed the river and 
silently prepared for battle. The Mexicans were encamped 
upon a high mound, and had every advantage as to posi- 
tion.! 

At dawn, Colonel Moore ordered the Mexicans to sur- 
render. They refused. " Fire 1 " shouted Colonel Moore. 
The Texans made a furious charge, at which the Mexi- 
cans turned and fled. Our men were left in posses- 
sion of the field, and of some booty. Not a Texan was 
injured, while ^ the Mexicans lost several killed and 
wounded. 



* During this time the Texans drew the cannon in full view of the enemy 
and placed upon it in large letters : " Come and take it ! " 

t Just before the battle, Rev. W. P. Smith addressed the soldiers as follows : 
"Mexico has now sent an army to commence the disarming system. Give up 
this cannon and we may surrender our small arms also, and at once be the vas- 
sals of the most unstable and most imbecile government upon earth. Will Texas 
give up her arms? Every response is iVo, never. Never will she submit to such 
degradation. Fellow-soldiers, the cause for which we are contending is just, 
honorable, glorious— our liberty. The same blood that animated the hearts of 
our ancestors of 1776 still flows warm in our veins. Let us present a bold front 
to the enemy. In numerical strength the nation against which we contend is our 
superior, but so just and holy is the cause for which we contend, that the strong 
arm of Jehovah will lead us on to victory, to glory, and to empire. With ua 
every thing is at stake— our firesides, our wives, our children, and our country. 
We must conquer I " 



ERAOFRE VOLUTION'. 61 

Effects of the Battle. — The whole country was aroused. 
Men Who had up to this time showed httle interest in 
pubhc affairs, awoke to the importance of decided action. 
Houston was made commander of all forces to be raised 
in Eastern Texas. Austin was chosen commander-in-chief 
of the volunteer troops. Encouraged by the victory at 
Gonzales, a small company of Texans attacked and capt- 
ured Goliad. They gained several prisoners, $10,000 in 
money, and a supply of fire-arms. An appeal for aid was 
made to the United States. So great was the admiration 
of the people of New Orleans for the courage and patriot- 
ism of the Texans, that they at once raised two com- 
panies to send to Austin. 

Battle of Conception. — Having decided to attempt to 
take San Antonio from the Mexicans, Austin moved with 
his little army to within nine miles of the city.* Austin 
sent Colonel James Bowie and Captain J. W. Faimin Avith 
ninety-two men to find a place for encamping still nearer 
the city. The officers decided on the Mission of the Im- 
maculate Conception, which is about one and a half miles 
from San Antonio. At a bend in the river, some five 
hundred yards from the Mission, the Texans halted for 
the night. A strong guard was placed and our men lay 
down to rest, with their arms at their sides. Soon after 
day-break (October 2 8) the Texans were aroused by 



* Being of a peace-loving disposition, Austin sent to General Cos, who had 
charge of the troops in San Antonio, to see if a compromise could not be ar- 
ranged. *' I shall never treat with the ungrateful Texans save as rebels," was 
the haughty response sent by Cos. Of course this ended all hopes of peace. 



62 BATTLE OF CONCEPTION. 

rapid firing. Every man sprung to his feet, grasped his 
rifle, and peered through the fog that hung heavily around 
them, to see the location of the enemy. As soon as it 
grew lighter, they saw they were nearly surrounded by 
the Mexicans. Their position, moreover, was an unfavor- 
able one, as their camp was on the river bottom, which 
was six feet lower than the prairie, on which the Mexi- 
cans were drawn up. The infantry and cavalry of the 
enemy advanced ; at the order they poured forth a ter- 
rible volley of balls. Fortunately they were too far off 
to damage our men. The Texans fired more slowly, but 
each one picked his man so surely that the Mexicans 
fell rapidly. The Mexican commander ordered a cannon 
to be turned upon ''the rebels." No sooner did a gun- 
ner approach to fire it than a bullet aimed by some steady- 
handed Texan pierced his brain. The officers bade the 
cavalry charge, but our heroes repelled them. Being made 
wildly jubilant by their success, the Texans now cried : 
''The cannon! The cannon!" and rushed forward to take 
it. The enemy fled before this fiery attack ; the cannon 
was captured and turned upon the Mexicans ; the field was 
left entirely to the Texans. Thus, in an actual engage- 
ment of only thirty minutes, ninety-four Texan farmers 
conquered four hundred Mexican soldiers. The former had 
only their muskets and pistols, Avhile the latter had every 
thing in the way of arms, besides the cannon ; but the 
former were freemen fighting for their liberty, while the 
latter were little better than slaves fighting under the lash. 
Results.— The Mexican loss was about sixty killed and 



ERA OF HEVOLUTlOK. 63 

a larger number wounded.* The Texans had one killed, 
the gallant Richard Andrews, and one wounded, f 

The victory won in this, the first regular battle of 
the revolution, greatly encouraged the Texans and made 
them confident that God Avas with their cause. 

General Consultation. — On November 3, a General 
Consultation I was held at San Felipe. § A temporary 
government was formed. Henry Smith was elected Gov- 
ernor and J. W. Robertson, Lieutenant-governor. A 
council was appointed to help the Governor in all public 
matters. Sam Houston was made commander-in-chief of 
the army. Branch T. Archer, William A. Wharton, and 
Stephen F. Austin were chosen to appeal to the United 
States for aid. || 

No Declaration of Independence. — While many mem- 
bers of the Consultation wished to at once cut loose from 
Mexico and declare Texas independent, the wise leaders 

* The Mexicans fled in such haste that their dead and wounded were left on 
the battle-flcld. At noon that day, a priest was sent out from San Antonio to 
ask permission to bury the dead. The Texans at once granted the request. 

t Andrews was mortally wounded early in the battle, but, turning to his 
nearest comrades, he said : " I'm a dead man, but don't let the other boys know 
it. Tell them to conquer or die." 

$ The name Consultation was used instead of Convention upon Austin's ad- 
vice, as the Mexicans had come to think all conventions treasonable bodies. 

§ There were delegates from the following places : Bevil, San Augustine, 
Kacogdoches, Columbia, Austin, Liberty, Harrisburg, Matagorda, Mina, Wash- 
ington, Gronzales, Viesca, and Tenehaw. 

II This convention was held in a rude log-house, that was neither ceiled nor 
plastered. The costumes of the men were not made after Parisian models. 
Houston still wore his Indian dress. President Jackson is reported to have said : 
"I thank God there is one man of my acquaintance (meaning Houston) who is 
not made by the tailor." Had Jackson been present at that consultation, he 
would have seen several others of the same class. 



64 THE TEXAN ARMY. 

saw this would be a mistake. Texas needed the sym- 
pathy and assistance of the outside world. She could 
most surely gain these by showing that she was only 
striving for justice.* 

The Texan Army. — After the battle of Conception it 
was decided to lay siege to San Antonio. The soldiers, 

* Perhaps nothing will better exhibit the spirit of the men who formed the 
Consultation than the following Declaration, which they adopted : 

"Preamble,— T^%ereas, General Antonio Lopez de Santa Anna, and other mili- 
tary chieftains, have by force of arms overthrown the Federal institutions of 
Mexico, and have dissolved the social compact which existed between Texas and 
other members of the Mexican Confederacy: Now the good people of Texas, 
availing themselves of their natural rights. Do Solemnly Declare— 

" First. That they have taken up arms in defense of their rights and liberties, 
which are threatened by encroachments of military despots ; and in defense of 
the Republican principles of the Federal Constitvition of Mexico of 1824. 

" Second. That Texas is no longer morally or civilly bound by the compact of 
union, yet stimulated by the generosity and sympathy common to a free people, 
they offer their support and assistance to such members of the Mexican Confed- 
eracy as will take up arms against military despotism. 

" Third. They do not acknowledge that the present authorities of the nominal 
Mexican Hepublic have the right to govern within the limits of Texas. 

'■'■Fourth. They will not cease to carry on war against the said aiithorities 
while their troops are within the limits of Texas. 

'■'■Fifth. They hold it to be their right during the disorganization of the 
Federal system, and the reign of despotism, to withdraw from the Union, and 
establish an independent government, or adopt such measures as they may 
deem best calculated to protect their rights and liberties ; but they will continue 
faithful to the Mexican government so long as that nation is governed by the 
Constitution and laws that were formed for the government of the Political 
Association. 

"■'Sixth. That Texas is responsible for the expenses of her armies now in the 
field. 

'■'•Seventh. That the public faith of Texas is pledged for the payment of all 
debts contracted by her agents. 

"■ Eir/hth. That she will reward by donations in land all who volunteer their 
services in her present struggle, and secure them as citizens. 

'■'■ Ninth. These declarations we solemnly avow to the world and call God to 
witness their truth and sincerity ; and we invoke defeat and disgrace upon our 
heads should we prove guilty of duplicity." 



ERA 01^ llEVOLUTIO^^ 65 

made hopeful by their recent victory, wished to storm 
the place at once. Two mihtary companies, "The Grays," 
from New Orleans, had reached the camp, and this in- 
creased the eagerness of the army for an attack. When 
Austin was selected Commissioner to the United States, 
Edward Burleson was placed in command of the troops.* 
Now Burleson knew that General Cos had a strong force 
in San Antonio, and that the town was well fortified. 
He hesitated, therefore, to risk an attack. The most try- 
ing part of any campaign is the waiting for action. Even 
to trained soldiers it is wearying ; to these farmers, who 
had wives and children depending upon them, it was 
doubly so. Cold weather was coming on, and many were 
forced to return to their homes. Driven by the continued 
entreaties of those who remained (some eight hundred 
in number), Burleson announced that an attack would 
be made December 4. During all the day before the 
camp was filled with the busy hum of preparations ; all 
were confident of victory. Who can picture their disap- 
pointment when the officers informed them that the at- 
tack must be postponed? General Burleson had reason 
to fear Cos had received news of their plans. The troops 
were so angry that many of them Avould not obey the 
order to parade the next morning. 



* Edward Burleson was born in North Carolina, in 1798. When his father 
went to the Creek war, young Burleson accompanied him to keep the muster- 
roll. Here Burleson received his first lessons in military tactics from Andrew 
Jackson. In 1831, he came to Texas, and at once made himself known by his 
skill in fighting the Indians. From this time his life is closely connected with 
the history of Texas. 



66 T H E A T T A C iv . 

Milam's Plan. — It was announced on December 4 that 
the siege would be raised and tlie soldiers dismissed. 
The army grew indignant, so that for a time it was 
feared a struggle might take place between the Texans 
themselves. At this time a deserter arrived in camp, 
who told the Texans that the Mexican troops were dis- 
satisfied, that the fortifications were not so strong as 
represented, and that General Cos was entirely ignorant 
as to the plans of our men. Having obtained Burleson's 
consent, Ben Milam stepped to the center of the camp, 
waved his hat, gave a ringing " huzza," and shouted : 
"Who will go with old Ben Milam into San Antonio?" 
Cheer after cheer rose from the soldiers. Nearly four 

hundred volunteered at once. 

* 

The Attack. — While it was still dark on the morning 
of December 5, the men stole silently to an old mill near 
by, where Milam was to give orders for the attack. All 
was soon arranged. At five o'clock. Colonel Neil led his 
division to storm the Alamo, as it seemed ; but in reality 
this was only a ruse to give Milam and Johnson a chance 
to enter the city unobserved. The Texans opened a lively 
fire upon the Alamo. The Mexicans were completely 
surprised, but the bugle sound quickly brought them to 
arms. Neil soon heard the report of cannon in the sub- 
urbs ; this was the sign that Milam had succeeded in 
making his way into San Antonio. Neil withdrew to 
join the other troops. The battle now raged with dread- 
ful fury ; desperate bravery was shown on both sides. 
The Texans had to fight their way inch by inch. Now 



ERAOFREYOLUTIOX. 67 

they gained a house, now only a room, but on, on they 
went, always advancing, never taking a step backward. 
Five days and nights they struggled, and still the town 
was not theirs. At last, by their heroism, they captured 
a priest's house that overlooked the public square. This 
enabled them to silence all the cannon of the Mexicans 
and really won the victory. 

Milam's Death. — The saddest of the misfortunes of our 
men was the death of brave Ben Milam. After three 
days, filled with many daring deeds, he was killed while 
passing from one house to another to give orders. On 
the spot made sacred by his fall he was buried.* 

Surrender of Cos. — During the first day of the attack, 
a red and black fiag had fioated from the Mexican quar- 
ters. This meant, " Death to every Texan." But on the 
morning of the 9th, General Cos was forced to raise the 
white fiag. General Burleson at once entered the city, 
and by two o'clock that night had all the conditions of 
the surrender arranged.f They were as follows: 1. Cos 
and his officers were allowed to depart with their arms 
and private property, on the promise that they would 
never oppose the return of Mexico to a purely republican 

* Little is known of Milam's early life. In the war of 1812, he was noted for 
his bravery ; next we hear of him as an Indian trader in Texas, then as assisting 
the Mexican patriots against the tyrant, Iturbide. He was imprisoned again and 
again, but always managed to escape. He now lies in an unmarked grave in the 
Protestant cemetery of San Antonio. So brave a hero deserves some remem- 
brance from the State he died to free. 

t During the storming of San Antonio, General Burleson had remained in 
camp with his troops, ready at any moment to march to Milam's assistance, if he 
should be needed. 



68 THE GOVERNOR AND COUNCIL. 

form of government, nor take up arms against Texas. 
2. All convict soldiers were to be taken entirely out of 
Texas. 3. Those Mexican troops who wished to leave 
the army, or remain in San Antonio, were to be per- 
mitted to do so. 4. All public property was to belong 
to the victors. The sick and wounded were given per- 
mission to remain, and food was furnished them. Even 
Cos and his soldiers Avere supplied with food, and that, 
too, at most reasonable rates. Succeeding events show 
whether the Mexicans remembered this kindness. 

Results. — The Mexicans had one hundred and fifty 
killed and wounded ; the Texans had three killed and 
twenty-five wounded. Twenty-one pieces of artillery, five 
hundred muskets, and a large supply of army stores 
were taken by the Texans. When it is remembered that 
General Cos had fourteen hundred men (he received 
heavy re-inforcements during the battle), that he was 
well supplied with small arms and cannon, and that the 
town was strongly fortified, it is indeed wonderful that 
less than four hundred Texans should have been able to 
wrest from him a city. The result most gladdening to 
the hearts of the Texans was the fact, that the with- 
drawal of Cos left them free from the Mexican soldiery. 

The Governor and Council. — Governor Smith and the 
Council devoted their attention to plans for raising money 
to sustain the army and the government. The citizens 
of Texas had done all in their power, private parties in 
the United States had given liberally, yet these were but 
drops in the ocean of expense that now deluged Texas. 



ERA OF REVOLUTION. 69 

Austin, Archer, and Wharton were sent to the United 
States to obtain a loan. Arrangements were made to 
raise an army of twelve hundred men. Each soldier who 
volunteered for two years was to receive, besides the reg- 
ular pay of a United States private, six hundred and forty 
acres of land. Unfortunately, a quarrel broke out be- 
tvv^een the Governor and the Council ; they could agree 
on nothing. The Council declared the Governor's chair 
vacant, and placed the Lieutenant-governor therein. 
Governor Smith refused to resign his office. This was 
the state of affairs until the next spring. 

1836. 

The 3^ear did not open with bright prospects for the 
Texans. The Governor and the Council were quarreling ; 
General Houston was hampered, and could not carry out 
his plans for the army ; the people had their hands full 
caring for their families during the bleak winter months ; 
rumors of an invasion by the Mexicans came thick and 
fast. Austin and his committee had fortunately secured 
a large loan in the United States, which proved a rift of 
sunshine in the otherwise dark and stormy skies. 

Santa Anna's Preparations.— When Santa Anna re- 
ceived news of the surrender of General Cos at San An- 
tonio, he was wild with rage. He vowed he would never 
rest until Texas should be humbled to the dust. He 
published his plans for conquered Texas. 1. All who 
had taken part in the rebellion were to be driven from 



70 TEX AX FORCE. 

the province. 2. All who were not rebels were to be 
removed far into the interior. 3. The best lands were 
to be given to Mexican officers and soldiers, -i. No one 
from the United States was to be allowed to settle in the 
province under any circumstances. 5. The Texans were 
to pay all expenses of the war. Every foreigner who 
should bring arms or military stores into Texas was to 
be considered and treated as a pirate. This was to pre- 
vent the Americans from assisting the Texans. All 
Mexico was eager to subdue the stubborn State that had 
dared refuse obedience to the mighty Napoleon of the 
West, as Santa Anna termed himself. When a call was 
made for volunteers, eight thousand of the choicest Mex- 
ican troops at once offered themselves. These were com- 
manded by able officers.* 

Points of Attack. — As at San Antonio, the Mexicans 
had received so disgraceful a defeat, here Santa Anna 
resolved to strike his first blow for vengeance. Toward 
the last of February, he led his army to that city. 

Texan Force. — After Milam captured San Antonio, 
the Texan army had rapidly scattered until only a hand- 
ful of men was left to garrison the place. General 
Houston, as commander-in-chief, had ordered the fort to 
be blown up and the city abandoned, but his command 
was entirely disregarded.! At this time. Colonel AY. B. 

* Cos was one of these, thougli ho had at San Antonio pledged himself to 
never again bear arms against Texas. Such was his idea of honor. 

t Some excuse may be made for this disobedience, when it is remembered 
that hitherto the Texans had always conquered the Mexicans. Many thought if 
Milam's men could capture the city, certainly a small number could hold it 



ERA OF IlE VOLUTION. 71 

Travis, with one hundred and forty-four men, was in 
charge of the town. They were weU armed and had sev- 
eral cannon, but their supply of ammunition was small. 
If, however, they Avere weak in number, they were strong 
in courage. In addition to Travis, Bowie, Crockett, and 
Bonham were there — four names that shall live for cent- 
uries.* 

Arrival of Mexicans. — The Mexicans having captured 
the Texan scouts, came suddenly upon the town, February 
22. The garrison at once withdrew to the Alamo.f 

First Day of the Siege. — The following letter from 
Travis to his people gives us an account of the first day : 

"COMMANDANCY OF THE AlAMO, 

" Bexar, February 24, 1836. 
" Fellow-citizens and Compatriots : — I am besieged by a thousand 
or niore of the Mexicans under Santa Anna. I have sustained a 



against the enemy. Few had any idea of the real strength of Santa Anna's 
army. 

* To understand what follows, the student must have a clear idea of the 
Alamo. The description given is taken from an article written for "The Texas 
Almanac," by E.. M. Potter. " The Alamo was founded soon after the Spaniards 
settled that part of Texas, and was built as a place of safety for the settlers and 
their property, in case of Indian hostility; it had neither the strength, arrange- 
ment, nor compactness of a regular fortification. The chapel of the fortress is 
seventy-five feet long, sixty-two feet wide, and twenty-two and a half feet high, 
surrounded by walls of solid masonry four feet thick. It was built in one story, 
with upper windows, under which platforms were placed for mounting cannon. 
The barrack, which was connected with the church, is one hundred and eighty- 
six feet long. There was still another barrack, and these barracks, like the 
chapels, were built of solid stone." 

t Mrs. Dickinson, one of the three survivors of the Alamo, says : " While I 
was sitting at my door-way, wondering if the bells that had just ceased ringing 
were giving the alarm of the arrival of the Mexicans, my husband galloped up, 
and cried, ' The Mexicans are upon us, Grive me the babe, and jump up behind. 



72 SUCCEEDING DAYS OF THE SIEGE. 

strong bombardment for twenty-four hours, and have not lost a man. 
The enemy have demanded a surrender at discretion, otherwise the 
garrison is to be put to the sword, if the place be taken I have 
answered with a cannon shot, and our flag still waves proudly from 
the walls. I shall never surrender nor retreat. Then I call on you 
in the name of liberty, of patriotism, and of every thing dear to the 
American character, to come to our aid w^ith all dispatch. The enemy 
are receiving re-inforcements daily, and will no doubt increase to 
three or four thousand in a few days. Though this call may be 
neglected, I am determined to sustain myself as long as possible, and 
die like a soldier, who never forgets what is due to his honor and 
that of his country. Victory or Death ! 

"W. Barret Travis, 
" Lieutenant-Colonel Commanding. 
" P. S. — The Lord is on our side. When the enemy appeared in 
sight, we had not three bushels of corn. We have since found, in 
deserted houses, eighty or ninety bushels, and have gotten into the 
walls, twenty-nine or thirty beeves. T." 

Succeeding Days of the Siege. — Eloquent, indeed, was 
this death cry from Travis, but alas ! it brought no such 
response as he and his men hoped. Day by day Santa 
Anna drew his lines closer about the Alamo ; day by 
day the Mexican forces increased, until they numbered 
four thousand men ; day by day the cannon poured their 
murderous fire upon the fort and its noble defenders; 
day by day the Texans strained both eye and ear to 
catch the first sign of the aid so anxiously expected-, 
day by day the red flag waved before the little band of 
heroes. On March 1, thirty-two brave spirits from Go- 
me.'' As the enemy were already in one of the streets, we hurried across the 
river, and entered the fort at the southern gate. The shots and shells were 
already falling near us, b\xt we escaped." 



k 



ERA OF REVOLUTION. 78 

liad made their way through the hnes. This increased 
the garrison to one hundred and seventy-seven men, 
several of whom, however, were sick and wounded. After 
this, no help came.* 

Travis' Speech to his Men. — On March 4, the Mexi- 
cans kept up a terrible cannonade. Just before sunset, 
this suddenly ceased, and Santa Anna ordered his men 
to withdraw some distance from the Alamo. The weary 
Texans who, for ten days and nights, had toiled like 
giants, sank down to snatch a few moments' rest. Travis 
seemed to know that this was the lull before the last 
fury of storm that was to destroy them all ; he ordered 
his men to parade in single file. Then followed one of 
the grandest scenes history records. In a voice trembling 
with emotion, Travis told his men that death was inevi- 
table, and showed that he had detained them thus long, 
hoping for re-inforcements.f 

* Yet, in spite of all this, the spirits of our men were not cast down. Crock- 
ett was a good violinist, and often played to cheer the weary soldiers. He it was 
who said : " I think we had better march out and die in the open air. I don't 
like to be hemmed up." Travis writes, in one of his last letters: "I am still 
here, in fine spirits and well to do. I shall continue to hold the fort till I get 
relief from my countrymen, or I will perish in its defense. Take care of my 
little boy. If the country be saved, I may make him a splendid fortune; but 
if the country be lost and I should perish, he will have nothing but the proud 
recollection, that he is the son of a man who died for his country." 

t Some unknown author has written the following imaginary speech ot 
Travis : " My brave companions, stern necessity compels me to employ the few 
moments afforded by this brief cessation of conflict, in making known to you the 
most interesting, yet the most solemn and unwelcome fact, that perishing human- 
itj' can realize. But how shall I find language to prepare you for its reception V 
I can not do so. All I can say is, prepare for the worst. Our fate is sealed. 
Within a very few days, perhaps a very few hours, we must all be in eternity. 
This is our certain doom. I have deceived you long by the promise of help. But 



74 RESULT OF TRAVIS' SPEECH. 

Result of Travis' Speech. — When Travis had finished, 
the silence of the grave reigned over all. Drawing his 
sword, he drew a line in front of his men, and cried : 

I crave your pardon, hoping that, after hearing my explanation, you will sympa- 
thize with me in my extreme necessity In deceiving you, I also deceived my- 
self, having first been deceived by others. I have continually received the strong 
assurance of help from home. Every letter from the Council has teemed with 
the assurance that, within a short time, we might confidently expect recruits 
enough to repel any force that would be brought against us. These assurances I 
received as facts. They inspired me with the greatest confidence. But the 
promised help has not come, and our hopes are not to be realized. Eet us not be 
in haste to censure our friends. The enemy has invaded our territory much 
earlier than we anticipated, and their present approach is a surprise. Our 
friends were not informed of our perilous condition in time to save us. My calls on 
Colonel Eannin remain unanswered, and my messengers have not returned. His 
whole command has probably fallen into the hands of the enemy, and our 
couriers have been cut off. I trust that you do not now censure me for my 
course." [Fannin received Travis' dispatch, and set out for San Antonio, Febru- 
ary 28, with three hundred men and four pieces of artillery. After going a 
short distance, some of his wagons broke down, and he found it almost impossible 
to move his cannon. Rice and dried beef were the only food he had for his 
men. Under tnese discouraging circumstances, a council of war was called, and 
it was decided to return to Goliad.] " Relying upon these promises from home, 
I retained you here until the enemy outnumbered us two to one, and escape be- 
came impossible. We have no hope of help, for r.o force our friends could send 
would now be able to cut through the strong ranks of these Mexicans. We dare 
not surrender, for, should we do so, that blood-red flag now waving in our sight, 
as well as the merciless character of our enemies, admonishes us of what would 
be our doom. We can not cut our way through the enemy's ranks, for we should 
all be slain in less than ten minutes. Nothing remains, then, but to stay in this 
fort and fight until the last moment. In this case, we must, sooner or later, all be 
slain, for I am stire Santa Anna is determined to storm the fort and take it, 
whatever the cost. Then we must die! This is a fixed and inevitable fact. Our 
business is not to make a fruitless effort to save our lives, but to choose the 
manner of our death. Three modes are presented to us. Shall we surrender and 
be deliberately shot without taking the life of a single enemy? Shall we try to 
cut our way through the Mexican ranks, and be butchered before we can kill 
twenty of our adversaries? I am opposed to either method, for, in either case, 
we could but lose our lives without benefiting our friends at home — our fathers 
and mothers, our brothers and sisters, our wives and little ones. My choice is to 
remain in the fort, to resist every assault, and to sell our lives as dearly as 
possible. Then let us band together as brothers, and vow to die together. Uet 



ERA OF REVOLUTION. 75 

" Those who wish to die hke heroes and patriots, come 
over to me." There was no hesitation. In a few min- 
utes, every soldier, save one, had crossed.* Even the 
wounded dragged themselves across the fatal mark. 
Colonel Bowie was too ill to leave his couch, but he 
was not to be deterred by this. ''Lads," he said, "I 
can't get over to you, but won't some of you be kind 
enough to lift my cot on the other side the line?" In 
an instant it Avas done. 

Mexican Council. — That night Santa Anna called a 
council of war. It was decided to storm the Alamo 
between midnight and sunrise, March G.f Special orders 
were given to all troops, and officers were instructed to 
take the fort at any sacrifice. 



us resolve to withstand our enemies to the last. And when they shall storm our 
fortress, let us kill them as they come I Elill them as they scale our walls 1 Kill 
tliem as they leap within 1 Kill them as they raise their weapons, and as they 
use them ! Kill them as they kill our companions, and continue to kill them 
as long as one of us shall remain alive I and be assured our memory will be grate- 
fully cherished by posterity. But I leave every man to his own choice. Should 
any man prefer to surrender, and be tied and shot, or attempt an escape through 
the Mexican ranks, and be killed ere he can run one hundred yards, he is at 
liberty to do so. My own choice is to stay in this fort and die for my country, 
fighting as long as there shall be breath in my body. This will I do, even if 
you leave me alone. Do as you think best ; but no man can die with me without 
affording me comfort in the moment of death." 

* The student may wonder, if none escaped from the Alamo, how we know 
the above to be true. The story runs, that this one raan. Rose by name, who re- 
fused to step over the line, did make his escape that night. He reported the 
events recorded in the last two topics. While some historians doubt the truth of 
the story, we deem it to the interest of the student to let him investigate the 
matter for himself. 

t A Mexican woman stole from the fort, on the 4th, and carried to Santa 
Anna the news of the small number of men in the garrison. This decided him 
to make an immediate attack. 



76 THE ATTACK. 

The Attack. — Shortly after midnight (March 6), the 
Mexican troops surrounded the Alamo. The infantry 
were supplied with crow-bars and ladders for scaling the 
walls. Back of these were the cavalry, who were ordered 
to kill any soldier who shirked the fight, and to see that 
no Texan escaped. Amidst the roar of the cannon, "the 
trumpets sounding the awful notes of the dequelo, signi- 
fying no quarter," Santa Anna's troops advanced to the 
attack. The Texans received them with a terrible volley 
of musketry and artillery. Back rushed the Mexicans 
before that fire of death. Again they advanced, planted 
their ladders, and tried to mount. The fury of despair 
nerved the arms of Travis' men, and again they hurled 
back the foe. The Mexicans, bleeding, wounded, and 
shattered, hesitated to renew the attack, but the stern 
command of Santa Anna, and the flashing sabers of the 
cavalry, forced them on. By tens, by hundreds, they 
swarmed up the ladders. Down fell the first, down, down 
went the second, crushing all beneath them, while the 
Texans stood like gods waiting to let others feel their 
mighty strength. But there is a limit to all human 
power. What could one hundred and seventy men, worn 
out by eleven days of constant effort, do against four 
thousand fresh troops? The Mexicans were pushed for- 
ward over the bodies of their dead comrades. Now they 
were on the walls, now the noble Travis* fell, now Bon- 

* Travis was shot early in tlie attack. As he fell, a Mexican officer rushed up 
to stab him, but Travis raising himself with a mighty effort, thrust the enemy 
through with his sword. A moment more, and his spirit had fled. Thus, at the 
age of twenty-seven, passed away one of Texas' noblest sons. 



ERA OF REVOLUTION. 



77 




DAVID CBOOKETT. 



ham. The enemies were in the court. The Texans were 
literally cut to pieces, yet not one fell unavenged. 



78 • l^HE FUNEKAL PYRE. 

Brave Crockett* left a score of bodies about him to 
show his work. The gallant Bowie, though too weak to 
rise from his bed, shot two fiends who were preparing to 
butcher him. The court ran with blood, but the conflict 
did not cease until ever}^ one of the noble band lay a 
bleeding sacrifice upon his country's altar.f ^' Death and 
Santa Anna held the place." 

The Funeral Pyre. — By the order of Santa Anna, the 
bodies of the Texans were collected in a huge pile and 
burned, while the one thousand and six hundred dead 
Mexicans were taken to the cemetery for burial. When 
Bowie's body was brought out, Cos said : " He was too brave 
to be burned like a dog, but, never mind, throw him in." 
As the Sabbath sun sank slowly in the west, the smoke 
from that funeral pyre of heroes ascended to heaven. 
From that sacred fire sprang the flames that lighted all 

* Erom boyhood David Crockett was known throughout Tennessee as the 
champion hunter. While in the flush of early manhood, he felt that the Eord had 
called him to be a member of the United States Congress. Though uneducated, 
he possessed the knack of speaking to please the country people, and he was sent 
to AVashington by a fine majority. Once there, troubles beset him. He could not 
accustom himself to the manners and customs of city life. When he rose to 
speak in Congress, he found it very different from making a stump speech; his 
ignorance of parliamentary rules was continually placing him in awkward posi- 
tions. Eailing to be re-elected, he left Tennessee in disgust and came to Texas. 

t The only survivors of the Alamo were Mrs. Dickinson, her infant daughter, 
and a negro servant. Mrs. Dickinson tells the following story : "After the struggle 
had lasted over two hours, my husband rushed into the church where I was with 
my little daughter, and exclaimed : ' Great God, Sue, the Mexicans are inside our 
walls; all is lost. If they spare you, save my child.' Then, with a parting kiss he 
drew his sword and plunged into the strife. Soon after he left me, three unarmed 
gunners came into the church, and were shot down by my side. Just then a 
Mexican officer came in, and asked me in English : 'Are you Mrs. Dickinson ? ' 
I answered, 'Yes.' 'Then,' said he, 'if you wish to save your life, follow me.' I 
foUowod him, and, although shot at aiid wounded, was spared."— Mokphis. 



E R A O P' K E ^^ O L U T 1 O N . 79 

Texas, that consumed many Mexican lives, and caused even 
the Napoleon of the West to bow low his haughty head.* 

Declaration of Independence. f — On March 1, a Con- 
vention met at Washington. On March 2, the last tie 
that bound the Texans to Mexico was severed, and 
Texas was declared a free and independent republic. J 

Government. — The Convention adopted a constitution, 
appointed David G-. Burnet President, and Lorenzo De 
Zavala, Vice-President. A Cabinet of five members w^as 
also established. 

General Urrea. — While Santa Anna was besieging the 
Alamo, General Urrea was hastening into Eastern Texas, 



* At the entrance to the old capitol at Austin, stood a monnment built from 
the iniins of the Alamo, and dedicated to the heroes who perished there. The 
names Bowie, Tra\ds, Bonham, and Crockett stood out in bold relief, one on each 
side. The north front bore this inscription : " To the God of the fearless and 
free is dedicated this altar, made from the ruins of the Alamo." The east front : 
''Thermopylae had her messenger of defeat, the Alamo had none." This monu- 
ment was destroyed at the burning of the capitol. It is hoped that the new 
capitol will contain a grander monument to these heroes. 

t I'or the Declaration of Independence, see end of this era. 

t On Sunday, March 6, the last letter written by Travis was received. The 
Convention at once met, and the president read the message. All were deeply 
touched. One member sprang to his feet and moved that the members of the 
Convention arm themselves, and immediately march to Travis' relief. Houston 
opposed this. He claimed that the first duty of the Convention was to establish 
a government, and adopt a constitution, and that fifty-six men— the number 
of members— could do nothing toward cutting a passage through Santa Anna's 
ranks. He promised that he himself would at once start for San Antonio. His 
eloquence carried the day. Mounting his horse, too desperate to reflect upon the 
hopelessness of his errand, he galloped off, accompanied by only three or four 
companions. Travis had written that, so long as his flag waved over the Alamo, 
signal guns would be fired at sunrise. These could frequently be heard for many 
miles over the prairie. The next morning, Houston placed his ear to the ground 
and eagerly listened for the signal. All was still 1 This told the story. Travis 
and his noble band were no more. 



80 COLONEL FANNIN. 

where San Patricio, Refugio, and Goliad were to be capt- 
ured. The first point was taken with Httle trouble, as 
the coming of the Mexicans was a surprise. The Texan 
garrison was put to death. 

Refugio. — Urrea next marched against Refugio, where 
Colonel King, with twenty men, had quarters in the old 
Mission. Learning of his approach, Colonel King sent a 
messenger to Fannin, who was at G-oliad with four hun- 
dred men, for aid. Colonel Ward, with one hundred men, 
at once hurried to King's support. Urrea stormed the Mis- 
sion, but was so warmly received by the Texans, that he 
withdrew, with two hundred killed and wounded. Ward's 
loss was only three wounded. Having orders from Fan- 
nin to retreat. Ward, on March 4, left the Mission and 
started for Victoria. But the little band was surrounded 
by Urrea's men, and, being offered fair terms, surrendered. 
What their fate was, we shall see later. Colonel King and 
his men were captured while out on a scouting expedi- 
tion ; they Avere shot, and their bodies left on the prairies 
for the vultures. 

Fannin.— On March 14, Colonel Fannin received com- 
mands from General Houston to leave Goliad, destroy all 
fortifications, and hasten to Victoria. As one fourth of 
his men were absent, Fannin did not feel authorized to 
march without them. Couriers were sent to Refugio to 
bid Colonel Ward return at once, but neither the couriers 
nor the soldiers came. On March 18, Urrea appeared, 
and a light skirmish followed. The next morning, Fan- 
nin felt that he could wait no longer, so, having dis- 



ERA OF REVOLUTIOK. 81 

patched the cavah^y to see if the way was clear, he 
commenced his retreat. After a journey of nine miles, 
he halted to rest his teams ; this stop was made five 
miles from the Colito. Some of his officers objected to 
this, claiming that they should at least go on to the 
river. Fannin and the majority oi his men, however, 
had such a supreme contempt for the Mexicans, that 
they were rash. " Urrea's troops will never dare to follow 
us," they said, and, believing this, they rushed into the 
very jaws of death. 

Battle of the Colito.— After an hour's rest, Fannin 
prepared to continue his march. But he found himself 
completely surrounded by the enemj^, a strong force of 
whomx had come up during his halt. To make matters 
worse, the Texans were in a depression some feet lower 
than the surrounding prairie, and were entirely destitute 
of water. Retreat was impossible. Fannin arranged his 
three hundred men in a hollow square, and made ready 
to meet the attack of the twelve hundred Mexican in- 
fantry and seven hundred cavalry. For hours the battle 
raged fiercely ; many were lost on each side, and still 
more were wounded. As the Texans had no Avater, their 
cannon soon grew too hot to be used. When it became 
dark, the Mexicans withdrew, leaving our men victors 
for the day. 

A Night of Agony. — During all that night, the Texan 
camp presented a sad scene. The moan of the ninety- 
seven wounded, and their pitiful pleadings for just one 
drop of water, were heart-rending. Fannin himself was 



82 TEKALS UF SURRENDER. 

severely wounded. As all the teams had escaped during 
the battle, every hope of retreat under shelter of the 
darkness was destroyed. The soldiers worked bravely, 
fortifying the camp and caring for the wounded. 

Surrender. — The next morning, Urrea received five 
hundred fresh troops and two cannon. When the Texans 
saw the Mexican artillery, they knew their last chance 
of victory was gone. In an unfavorable place, without 
water, surrounded by a foe that outnumbered them seven 
to one, tortured by the moans of suffering and dying 
comrades — there was nothing left but to surrender. A 
white flag was raised, and Colonel Fannin went out to 
treat with Urrea. His last words to his men were : " Boys, 
if I can't get an honorable surrender, I'll come back, 
and we will all die together." After consultation, he 
and General Urrea agreed on these 

Terms of Surrender. — 1. The Texans were to be 
treated as prisoners of war, according to the usages of 
civilized nations. 2. Private property was to be re- 
spected and restored, but the officers were to give up 
their side-arms. 3. The men were to be sent to Co- 
pano, and from there to the United States. 4. The 
officers were to be paroled and returned to the United 
States. These terms were written in both Spanish and 
English, were read and signed by several parties, were 
sealed with every formality, hence no one dreamed of 
their being violated. On Fannin's return, his forces were 
ordered out to stack their arms. They were then, under 
a strong guard, hurried back to Goliad, where they were 



ERA OF REVOLUTION. 83 

imprisoned in the old fort. Tlieir food was beef, without 
either salt or bread. On March 25, Colonel Ward and 
his men were brought as captives to the same place. 

The Massacre.— On the night of the 2 6th, Fannin's 
men, most of whom were from Alabama and Georgia, 
spent the evening in merry conversation concerning their 
return home. Suddenly, a rich tenor voice began singing 
" Home, Sweet Honrie." The jests ceased ; each manly 
heart beat in a responsive chord to those sweet words. 
Many an eye grew dim, as one after another took up 
the soft refrain. Even while the songs were on their 
lips, a messenger came from Santa Anna, bearing an 
order for the murder of all American prisoners. As the 
patriots lay down to sleep and dream of their far-away 
homes, the servants of the "Prince of Butchers" pre- 
pared to execute his commands. The next morning was 
Palm Sunday. What a day to choose for such a deed ! 
At dawn, the Texan troops were awakened and ordered 
to hie out. They were divided into four divisions, each 
placed under a strong guard, and marched in different 
directions. After going a half mile, the officers com- 
manded a halt. The next moment a volley of balls 
hailed upon the unarmed Texans. Again and again they 
came, till not one hero was left standing.* Fearing that 
all were not entirely dead, the Mexican cavalry rode over 
the field, and pierced with their sabers all who gave any 
signs of life. The officers Avere kept for the last, but 

* Some few of the men escaped by running to the river the moment the 
firing began. 



8-1 JUSTIFICATION OF THE MASSACRE. 

shared the same fate.* As a fitting close to the scene, 
the bodies of the Texans were partially covered with 
brush, and this was set on fire. Picture the sickening 
result, and then ask ^^ourself if it seems possible that 
men, living in the nineteenth century, calling themselves 
civilized, nay more, Christians, could be guilty of such 
an outrage. 

Justification of the Massacre. — Such cruelty and treach- 
ery as were shown in this massacre of three hundred 
and eighty-five soldiers, called forth the severest censure 
from the whole world. Santa Anna tried to justify his 
actions by saying that the Mexican Supreme Court had 
passed a law requiring the execution of all who surren- 
dered in war. Why did not General Urrea know of this 
law, and refuse Fannin honorable surrender? All at- 
tempts to excuse such a deed are mockery. In the elo- 
quent words of Benton : ''Accursed be the land on which 
the dreadful deed was done ! Sterile and set apart let it 
ever be ! No fruitful cultivation should enrich it ; no 
joyful edifice should adorn it ; but shut up and closed 
by gloomy walls, the mourning cypress and the weeping 
willow should forever attest the foul deed of which it was 
the scene, and invoke, from every passer-by, the throb of 
pity for the slain, and start of horror for the slayer." 



* Pannin was the last to be sacrificed. He met his death with unflinching 
courage, as, indeed, did all the little band. He made three requests of the 
Mexican officers : that his watch might be sent to his wife, that he might be 
shot in the breast, and that his body might be given Christian burial. He was 
promised all he asked ; but the watch remained in the officer's pocket, Fannin 
-ijvas shot in the head, and his body left unburied. 



ERA OF REVOLUTION. 85 

Santa. Anna's Plans.— After the direful disasters at 
San Antonio and Goliad, Santa Anna considered his 
work in Texas finished. He had no doubt that the re- 
bellious colonists were conquered. As he was needed in 
Mexico, he wished to leave Texas at once. The officers 
whom he had appointed to re-establish all Mexican laws 
and forms in the province, were wiser than he. They 
saw that, as yet, the Texans themselves had not been 
subdued. Most of those murdered at the Alamo and at 
Goliad were volunteers from other States ; the Texans 
were yet to show what they alone could do. Santa Anna 
being persuaded that his officers were in the right, ar- 
ranged his army into three divisions, that he might pen- 
etrate the interior of Texas, and rapidly make himself 
master of the province. 

Houston's Army.— At Gonzales four hundred men had 
gathered in response to the earnest appeal of Travis for 
help. Here Houston went to take command (March 11). 
The troops were unorganized, and had neither suitable 
arms nor food. Houston at once set to work remedying 
these defects. That very night came certain news of the 
"Fate of the Alamo.'"*' Houston was anxious to have 
Fannin join him, and sent such an order ; but instead of 
Fannin and his trusty men, came tidings of the "Mas- 
sacre at Goliad." f 

* All the air was filled with the sobs of women and the cries of children ; 
the vnfe mourned for her husband, the mother for her son, the child for its 
father. There was scarcely a home in G-onzales that was not in mourning. 

t Houston feared that this news might completely demoralize his army, which 
wa- already much depressed in spirit. To avoid this he made use of a ruse. 



86 SANTA ANNA'S MOVEMENTS. 

Feeling that his force was entirely too small for a 
battle with the enemy, and knowing that a defeat would 
be fatal to Texas, Houston decided to retreat until his 
army should increase. News of the retreat, and the 
invasion of the Mexican army, caused a panic through 
all Texas. Roads going eastward were constantly 
thronged with fugitives. All this increased the troubles 
under which Houston was laboring. He went from Gon- 
zales to Burnham, on the Colorado, thence to the Brazos, 
to San Felipe, up the Brazos, camped in the Brazos 
Bottom, moved to Groce, on the eastern bank of the 
river, and pushed on to Harrisburg. 

Santa Anna's Movements. — According to the plans 
made when the Mexican army was separated into three 
divisions, Santa Anna's command was to march against 
Nacogdoches. Learning that the Texan government had 
moved its head-quarters to Harrisburg, Santa Anna re- 
solved to turn aside from his course, take the town, and 
make prisoners of all Texas officials. He burned the 
town, but did not succeed in capturing the President or 
his Cabinet. He then passed down to New Washington. 

Houston Changes his Plans.— On April 18, two Mex- 
ican captives were brought into the Texan camp by 
Deaf Smith.* From them it was learned, what Hou- 

He told his men that this Peter Kerr, a Mexican who brought the news, was a 
spy sent by the enemy to frighten them with false tales. Kerr was ordered 
imder arrest, and was to be shot next raorning. Late that night Houston had 
Kerr tell him the whole story',' which he felt to be only too true. He then com- 
manded the prisoner to be kindly cared for. It is needless to say he managed to 
forget the shooting. 

* Deaf Smith, so called, of course, because he could not hear well, rendered 



ERA OF REVOLUTION. 87 

ston did not know positively before, that Santa Anna 
was with the advance force of the enemy, and that 
he was cut off from the other divisions of his army. 
This, with other valuable information, at once deter- 
mined Houston to cease his retreat, turn in pursuit 
of the foe, and stake all upon a battle. He hurriedly 
pushed on to a point near Lynchburg, opposite the 
mouth of the San Jacinto. From the report of his 
scouts he felt sure not many hours would pass before 
the enemy would come in sight. He selected a suitable 
place for camp, mounted the " Twin Sisters," * sta- 
tioned his men, and calmly waited. He did not have 
long to wait. Ere the tired soldiers had time to rest, 
scouts came flying in with news of the approach of 
Santa Anna. The Mexican bugle soon told the same 
story. The day (April 20) was 'filled with skirmishes 
that gave no advantage to either side ; in the evening 
Santa Anna retired to his camp, a mile distant from 
Houston's army. 

April 21. — The day that was to decide whether or not 
Texas should be free, dawned clear and bright. In the 
morning a large body of men was seen in the distance, 
marching toward the enemy's camp. " Re-inforcements 
for Santa Anna," passed from lip to lip. Houston told 

the Texan army great service during the entire revolution. It was feared that, 
having married a Mexican lady, he would not take the Texan side, but he was 
not long in deciding. As a guide and a spy he was without a superior. He took 
part in nearly every important battle during the war, and always distinguished 
himself by his coolness, silence, and bravery. 

* The "Twin Sisters" were two cannon presented to the Texans by generous 
friends in Cincinnati. 



88 BATTLE OF SAN JACINTO. 

his men this was a ruse on Santa Anna's part to dis- 
courage them ; but he at once sent Deaf Smith to find 
the true state of affairs. The scout soon returned with 
news that General Cos, with five hundred troops, had 
come to Santa Anna's assistance. This was kept from 
the army, as they ah^eady had much to discourage them. 
Houston called a council of war, but they could not 
agree upon a plan of action. The General now sum- 
moned the trusty Deaf Smith again, bade him choose a 
companion, take axes, and destroy Yince's Bridge. As 
the bridge was the only means of retreat for miles 
around, this step meant utter destruction to the con- 
quered. 

Battle of San Jacinto. — At three o'clock a parade was 
ordered. In a few stirring words, Houston told the seven 
hundred brave men before him, that he was about 
to lead them against Santa Anna's one thousand five 
hundred veteran soldiers. The news was gladly received. 
Quickly yet quietly preparations were made. The nature 
of the ground allowed them to form in line of battle 
without being seen by the enemy. In the opposite camp 
all was silent, as most of the officers were taking their 
afternoon nap, the General himself being asleep. Just as 
our men were ready for the march, Deaf Smith galloped 
to the front, waved his ax about his head, and shouted : 
"Vince's Bridge is down." Houston gave the order to 
move forward. His men needed no second bidding. No 
martial music cheered the little band, but he who looked 
into those flashing eyes and read the resolution written 



ERAOFREVOLUTIOX. 89 

on those brows and lips, knew they had no need of 
drum or fife. The Mexicans, though surprised, at once 
prepared to meet the charge of the advancing columns. 
As our men neared the camp, and saw before them the 
butchers of their friends and loved ones, a fierce cry 
for vengeance burst from ever}^ heart, "Remember the 
Alamo ! Remember Goliad ! " For a second the Mex- 
icans shrunk back in terror, but rallying, they poured a 
raking fire of musketry upon the Texans. Not an instant 
did Houston's men pause. Before the enemy could re- 
load, the Texans were within pistol-shot ; then seven 
hundred death-bearing bullets winged their way into the 
Mexican ranks. Still the Texans paused not. Turning 
their muskets into war-clubs, they grappled hand to hand 
with the foe. When the muskets were broken, they drew 
their pistols, fired, and then hurled them at the enemy. 
The next instant they took their bowie-knives and agai^i 
raising the dread battle cry, slaughtered right and left in 
savage fury. The Mexicans fought bravely, but becom- 
ing convinced that the}^ were struggling with demons 
and not mortals, they took to flight.*' In fifteen minutes 
the battle was won and the Texans were in possession of 
Santa Anna's camp. 

The Pursuit. — The Mexicans now fled in everv direc- 



* Deaf Smith, was a conspicuous figure in this battle. Having gone too near 
the enemy's line, by the stumbling of his horse, he was thrown into the midst of 
the Mexicans. As he was about to be run through with a saber, he drew his 
pistol and aimed at the Mexican, but it missed fire. He then threw the weapon 
at his foe's head and, as the man staggered back, leaped up, snatched away the 
musket, and began fighting right and left. 



90 BATTLE OF SAN" JACINTO. 

tion, while the Texans followed. Many a Mexican fell 
on his knees, and pleaded : " Me no Alamo ; me no Go- 
liad." It is to be feared that they were not always 
granted mercy, for the Texans had vowed to offer a 
bloody sacrifice to the memory of the martyred Travis, 
Bowie, Crockett, Bonham, and Fannin. When the Mexi- 
can cavalry saw that the day was lost, they hurried to 
Vince's Bridge to make their escape ; the bridge was 
gone ! Behind them came the dreaded Texans ; before 
them rolled the turbid waters. Death stared them in the 
face on either side. Scores of them plunged into the 
stream. Down went horse and rider, till the vanquished 
dead literally choked the stream. The sharp report of 
the muskets, the groans of the dying, the shrieks of the 
drowning, the gurgle of the bloody waters, the fierce cry 
of the Texans, — all formed one of the dark pictures that 
the monster War delights to paint upon his canvas. 

Results. — Houston, in his reports, stated the Texan 
loss at two killed and twenty-three wounded, six of whom 
were mortally injured. The Mexicans had six hundred 
and thirty killed, two hundred and eight wounded, and 
seven hundred and thirty taken prisoners. The Texans 
captured $12,000 in specie, several hundred mules and 
horses, and over a thousand muskets, sabers, and pistols. 
Among the distinguished prisoners were General Cos, 
Colonel Almonte, and 

Santa Anna. — On the morning of the 2 2d, as a party 
of privates was out searching for prisoners, they captured 
a Mexican dressed as a common soldier. His manners, 



ERA OF EEVOLUTION. 91 

and a shirt of the finest material, made them think him 
an officer. When they took him into the camp, every 
Mexican at once raised his cap, and shouted, '' The Presi- 
dent ! " Then it was known that the Dictator was a 
captive in the hands of tlie people he had so cruelly 
wronged. He was carried to Houston, who, having been 
severely wounded, was asleep. Santa Anna took the 
hand of the prostrate victor, and bowing, introduced 
himself : ''I am General Antonio Lopez de Santa Anna, 
President of Mexico, and I claim to be your prisoner of 
war." Houston greeted him politely, and invited him to 
be seated. The President then wished to at once enter 
into a treaty with Houston and Rusk, the Secretary of 
War. They told him that Texas had a Congress, which 
body alone had power to make treaties. "But, General 
Houston," said Santa Anna, " you can afford to be gen- 
erous, for fate has allowed you to have the honor of 
capturing the Napoleon of the West."* All his entreaties 

* An eye-witness to the meeting between Santa Anna and Houston has re- 
ported their conversation, of which the following is an abbreviated account : 
Santa Anna. " It devolves upon you to be generous to the vanquished." Houston. 
"You should have remembered that at the Alamo." — Santa Anna. "I was justified 
by the usage of war. They had refused to surrender; the place was taken by 
storm, the usage of war justifies the slaughter of the vanquished!" Houston. 
"That custom is now obsolete; civilized nations have grown more humane."— 
Santa Anna. "But I was acting under the orders of my government." Houston. 
" You were the government of Mexico ; a Dictator, sir, has no superiors."— »Sa/iCa 
Anna. "I have orders, General Houston, to exterminate every man found in arms 
in Texas, and to treat all such as pirates. They have no government, and are 
fighting under no recognized flag." Houston. "The Texans flatter themselves they 
have a government, and they will probably be able to raake a flag. What excuse 
have you to offer for the massacre at Goliad? They had capitulated on terras 
offered by your General, and yet were perfidiously massacred." — Santa Anna. "I 
declare to you, General, I did not know they had surrendered. General Urrea 



92 



SANTA ANNA. 



were useless ; Houston and Rusk would agree to nothing 
more than an armistice. The Dictator at once sent a 
letter to General Filisola, commanding all Mexican forces 




SANTA ANNA REBUKED BY HOUSTON. 

to withdraw to San Antonio and Victoria, where they 
were to await further orders. Houston used every care 
to have his distinguished prisoner made comfortable,* 
and dispatched messengers for President Burnet. 

inforined me he had conquered them, hence I ordered their execution. If the 
day ever comes when I get Urrea into my hands, I will execute him for his 
falsehood." It is needless to say the last remark of Santa Anna contained not a 
grain of truth. 

* The Texan soldiers were anxious for Santa Anna's death, and more than 
one plot was made to kill him. These were all frustrated, owing to Houston's 
vigilance. 



ERA OF REVOLUTION. 93 

General Houston's Wound. — The wound that General 
Houston received in the battle proved to be of such a 
serious nature, that he was forced to go to New Orleans 
for medical attention. General Rusk succeeded him as 
commander-in-chief. 

Treaty between Texas and Santa Anna. — In answer 
to Houston's summons, President Burnet and his Cabinet 
hurried to the camp, where they entered into negotiations 
with the Mexican Dictator. Two members of the Cabinet 
were opposed to any treaty with Santa Anna. They 
claimed that he was a murderer, and should be so 
treated ; that his rank should not shield him from the 
punishment he so richly deserved ; that as he had shown 
no mercy to the Texans, so should the Texans show him 
no mercy. Fortunately, wiser counselors triumphed, and 
Santa Anna was saved. Thus Texas retained the respect 
and admiration of the civilized world, something she 
needed more than vengeance. After much discussion, 
two treaties were made. The public treaty, drawn up at 
Velasco, May 14, 1836, provided,— 1. That Santa Anna 
should not take up arms nor use his influence against 
Texas in her war for independence. 2. All hostilities 
should cease at once. 3. The Mexican troops should 
withdraw beyond the Rio Grande, should respect all 
private property, and restore all property previously capt- 
ured. 4. The Texans should not approach nearer than 
five leagues to the retreating Mexican troops. 5. All 
American prisoners should be released. 6. The treaty 
should be immediately sent to Filisola that he might act 



94 SANTA ANKA's KELKASE. 

accordingly. 7. Santa Anna should be sent to Vera 
Cruz as soon as it was deemed proper. In a secret treaty 
made at the same time, Santa Anna promised to pre- 
pare the Mexican Cabinet, (1) to receive favorably any 
commissioners sent by the Texan government, (2) to 
acknowledge Texan independence, and (3) to enter into 
a treaty of commerce with Texas. 

Santa Anna's Release. — In accordance with these 
agreements, President Burnet permitted the prisoner 
(June 1) to embark on a vessel bound for Mexico. Be- 
fore the vessel could sail, a great cry of indignation rose 
from the soldiers and many of the people ; thej^ de- 
manded that Santa Anna be given up to the soldiers. 
In vain the President tried to show them how the world 
would condemn the nation that violated its own treaty, 
and the benefits Texas might reasonably hope from 
Santa Anna's return to Mexico. The Dictator was sur- 
rendered to the army ; he led a hard life, being sent 
from place to place, now in irons, now without sufficient 
food, and ever subjected to numerous insults. Later that 
year Houston took charge of the matter, and sent Santa 
Anna with a proper suite to Washington, from which 
city the weary "Napoleon of the West" turned his face 
homeward. 

Mexican Troops Withdrawn. — Filisola, obeying the 
orders of Santa Anna, withdrew all his forces beyond the 
Rio Grande. Texas breathed a deep sigh of relief, and 
thanked God that the Lone Star Republic was at last the 
'* land of the free " as well as the " home of the brave." 



ERA OF REVOLUTION'. 95 



UNANIMOUS DECLARATION OF INDEPENDENCE— 

By the peoiDle of Texas in General Convention at the toivn of 
Washington, on the second day of March, 1836: 

When a government has ceased to protect the Hves, hberty, and 
property of the people from whom its legitimate powers are derived, 
and for the advancement of whose happiness it was instituted ; and 
so far from being a guarantee for their inestimable and inalienable 
rights, becomes an instrument in the hands of evil rulers for their 
oppression — when the Federal Republican Constitution of their coun- 
try, which they have sworn to support, no longer has a substantial 
existence, and the whole nature of their government has been forcibly 
changed, without their consent, from a restricted federative republic 
composed of sovereign States, to a consolidated, central, military 
Despotism, in which every interest is disregarded but that of the 
army and priesthood, both of which are the eternal enemies of civil 
liberty, the ever ready minions of power, and the usual instruments of 
tyrants — when, long after the spirit of the constitution has departed, 
moderation is at length so far lost by those in power, that even the 
semblance of freedom is removed, and the forms even of the consti- 
tution discontinued, and so far from their petitions and remonstrances 
being regarded, the agents who bear them are throvim into dungeons, 
and mercenary armies sent forth to force a new government upon 
them at the point of the bayonet ; — when, in consequence of such 
acts of malfeasance and abduction on the part of the government, 
anarchy prevails, and civil society is dissolved into its original ele- 
ments ; — in such a crisis, the first law of nature, the right of preser- 
vation, and the inherent and inalienable right of the people to 
appeal to first principles, and take their political affairs into their 
own hands in extreme cases, enjoins it as a right toward them- 
selves, and a sacred obligation to their posterity, to abolish such 
a government, and create another in its stead calculated to rescue 
them from impending dangers, and to secure their welfare and 
happiness. 



96 DECLARATIOIT OF INDEPENDENCE. 

Nations as well as individuals are amenable for their acts to the 
public opinion of mankind. 

A statement of a part of our grievances is therefore submitted to 
an impartial world, in justification of the hazardous but unavoidable 
step now taken, of severing our political connection with the Mexi- 
can people, and assuming an independent attitude among the nations 
of the earth. 

The Mexican government, by its colonization laws, invited and 
induced the Anglo-American population of Texas to colonize its wil- 
derness, under the pledged faith of a written constitution, that thej^ 
should continue to enjoy that constitutional liberty and republican 
form of government to which thej^ had been habituated in the land 
of their birth, the United States of America. 

In this expectation they have been cruelly disappointed, inasmuch 
as the Mexican nation has acquiesced in the late changes inade in 
the government by General Antonio Lopez Santa Anna, who, having 
overturned the constitution of his country, now offers us the crue! 
alternative, either to abandon our homes, acquired by so many pri- 
vations, or to submit to the inost intolerable of all tyranny, the com- 
bined despotism of the sword and the priesthood. 

It has sacrificed our welfare to the State of Cohuila, by which 
oiu" interests have been continually depressed, through a zealous and 
partial system of legislation, carried on at a far distant seat of gov- 
ernment, by a hostile majority, in an unknown tongue, and this, too, 
notwithstanding we have petitioned, in the humblest terms, for the 
establishment of a separate State government, and have, in accord- 
ance with the provisions of the National Constitution, presented to 
the general Congress a republican constitution, which was, without 
just cause, contemptuously rejected. 

It incarcerated in a dungeon, for a long time, one of our citizens, 
for no other cause than a zealous endeavor to procure the accept- 
ance of our constitution, and the establishment of a State govern- 
ment. 

It has failed and refused to secure, on a firm basis, the right of 
trial by jury, that palladium of civil liberty, and only safe guarantee 
for the life, liberty, and property of the citizens. 



ERA OF REVOLUTION". 97 

It has failed to establish anj^ public system of education, although 
possessed of almost boundless resources (the public domain) ; and 
although it is an axiom in political science, that unless a people are 
educated and enlightened, it is idle to expect the continuance of civil 
liberty or the capacity for self-government. 

It has suffered the mihtary commandants stationed among us to 
exercise arbitrary acts of oppression and tyranny, thus trampling 
upon the most sacred rights of the citizens, and rendering the mili- 
tary superior to the civil power. 

It has dissolved, by force of arms, the State Congress of Cohuila 
and Texas, and obliged our representatives to fly for their lives from 
the seat of government, thus depriving us of the fundamental polit- 
ical right of representation. 

It has demanded the surrender of a number of our citizens, and 
ordered military detachments to seize and carry them into the inte- 
rior for trial, in contempt of the civil authority, and in defiance of 
the laws and the constitution. 

It has made piratical attacks upon our commerce by commission- 
ing foreign desperadoes, and authorizing them to seize our vessels, 
and convey the property of our citizens to far distant ports for con- 
fiscation. 

It denies us the right of worshiping the Almighty according to 
the dictates of our own consciences, by the support of a national re- 
ligion calculated to promote the temporal interests of its human 
functionaries, rather than the glory of the true and living God. 

It has demanded us to deliver up our arms, which are essential 
to our defense— the rightful property of freemen— and formidable only 
to tyrannical governments. 

It has invaded our country, both by sea and land, with the intent 
to lay waste our territory and drive us from our homes ; and has 
now a large mercenary army advancing to carry on against us a war 
of extermination. 

It has, through its emissaries, incited the merciless savage with 
the tomahawk and scalping-knife, to massacre the inhabitants of our 
defenseless frontiers. 

It has been, during the whole time of our connection with it, the 



98 



DECLARATION OF INDEPENDENCE. 



contemptible sport and victim of successive military revolutions, and 
has continually exhibited every characteristic of a weak, corrupt, and 
tyrannical government. 

These, and other grievances, were patiently borne by the people 
of Texas, until they reached that point at which forbearance ceased 
to be a virtue. We then took up arms in defense of the national 
constitution. We appealed to our Mexican brethren for assistance. 
Our appeal has been made in vain. Though months have elapsed, no 
sympathetic response has yet been heard from the interior. We are, 
therefore, forced to the melancholy conclusion that the Mexican 
people have acquiesced in the destruction of their liberty, and the 
substitution therefor of a military government ; that they are unfit 
to be free, and are incapable of self-government. 

The necessity of self-preservation, therefore, decrees an eternal 
political separation. 

We, therefore, the delegates with plenary powers, of the people 
of Texas, in solemn convention assembled, appealing to the judgment 
of a candid world as to the necessities of our condition, do hereby 
DISSOLVE and declare that our political connection with the Mexican 
nation has forever ended ; and that the people of Texas do now con- 
stitute A FREE, SOVEREIGN, AND INDEPENDENT REPUBLIC, and are fully 

invested with all the rights and attributes which properly belong to 
independent nations ; and, conscious of the rectitude of our inten- 
tions, we confidently and fearlessly commit the issue to the decision 
of the Supreme Arbiter of the destinies of nations. 



Richard Ellis, 
C. B. Stewart, 
James Collingsworth, 
Edwin Waller, 
Asa Brigham, 
J. S. D. Byrom, 
Eras. Ruis, 
J. Anto. Navarro, 
J. B. Badgett, 
W. D. Lacy, 
William Menifee, 
John Fisher, 
M. Coldwell, 
W. Motley, 



L. D. Zavala, 
George W. Smyth, 
S. H. Everitt, 
E. Stapp, 
Clae. West, 
W. B. Scates, 
M. B. Menard, 

A. B. Eardin, 
J. W. Bunton, 
Thomas G. Gazeley, 
R. M. Coleman, 

S. C. Robertson, 
George C. Childress, 

B. Hardiman, 



John W. Moore, 



R. Potter, 
Thomas J. Rusk, 
Charles S. Taylor, 
John S. Roberts, 
R. Hamilton, 
C. McKinney, 
A. H. Lattimer, 
James Power, 
Sam Houston, 
David Thomas, 
E. Conrad, 
Martin Parmer, 
E. O. Legrand, 
S. W. Blount, 

Thomas 



James Gaines, 
W. Clark, Jr., 
S. O. Pennington, 
W. C. Crawford, 
John Turner, 
B. B. Goodrich, 
G. W. Barnett, 
J. G. Swisher, 
Jesse Grimes, 
S. Uhoads Fisher, 
Samuel A. Maverick, 
John White Bower, 
James B. Woods, 
Andrew Briscoe, 
Barnett. 



ERA OF REVOLUTION. 99 



CHRONOLOGICAL SUMMARY. 

1833. 1. Convention at San Felipe. 

2. Constitution formed. 

3. Austin presented to the Mexican oflficials the Texas Memo- 

rial. 

4. Austin imprisoned. 

1834. 1. Santa Anna repealed the law forbidding American immi- 

gration. 
2. Santa Anna became Dictator. 

1835. 1. Committees of safety formed. 

2. General Cos sent into Texas (September). 

3. Austin's return to Texas, 

4. Battle of Gonzales (October 2). 

5. Battle of Conception (October 28). 

6. General Consultation (November 3). 

7. Henry Smith made Governor ; J. W. Robertson, Lieuten- 

ant-governor. 

8. Archer, Wharton, and Austin chosen Commissioners to the 

United States. 

9. Bexar (San Antonio) stormed and captured (December 5-9). 
10. Trouble between Governor and Council. 

1836. 1. Santa Anna's preparations to invade Texas. 

2. Siege and Fall of the Alamo (February 22 — March 6). 

3. Declaration of Independence (March 2). 

4. Burnet made President ; De Zavala, Vice-President. 

5. Battle of the Colito. 

6. Massacre at Goliad (March 27). 

7. Santa Anna penetrated into the interior of Texas. 

8. Houston's retreat. 

9. Battle of San Jacinto (April 21). 

10. Capture of Santa Anna (April 22). 

11. Mexican troops withdrawn. 

12. Treaties with Santa Anna. 

13. Houston, President ; Lamar, Vice-President. 

14. Santa Anna released. 



100 



BLACKBOARD ANALYSIS, 



BLACKBOARD ANALYSIS. 



I. Causes of Texas 
Revolution. . . 



1. Remote Causes. 



2. Direct Cause. 



II. Convention at San Felipe. (1833.) 



III. Santa Anna and Austin. (1834.) 



IV. Events of 1835 
(First Ye AK OF ' 
War) 



1. General Cos enters Texas. 

2. Battle of Gonzales 

3. Battle of Conception. 

4. General Consultation. 

5. San Antonia Captured. 



V. Events of 1836 



[ a. Treatment of Americans. 

h. Settlement of Convicts. 

I f. Cvstoirv-Hoiises. 

I d. Martial Law. 

L e. Union with CoahuUa. 

r Santa Anna''s Attempt to 
\ force Texas to Recognize 
[ Jiim as Supreme Ruler. 



a. Description. 

b. Results. 



1. Fall of the Alamo. 

2. Declaration of Independence. 

3. Battle of the Colito. 
(Second Year , ^ Massacre at Goliad. 
OF War) 5 Battle of San Jacinto. 

6. Capture of Santa Anna. 
L 7. Mexican Troops AVithdrawn. 

VI. Houston, President ; Lamar, Vice-President. 



ERA V. 

ERA OF THE REPUBLIC. 

(1 836-1 845.) 



HOUSTON'S ADMINISTRATION. 

(1836-1838.) 

HOUSTON'S ELECTION.— Up to this time the 
Presidents of the Republic had been merely tem- 
porary officers. In September, 1836, the first election 
according to the Constitution was held, and Houston was 
chosen President.* At the same time the people voted 
on the question of annexation to the United States. 
An overwhelming majority favored this step. 

Austin's Death.— Houston showed great wisdom in 
calling into his cabinet Stephen F. Austin as Secretary 
of State. Austin's first work in his new office was to pre- 
pare instructions for the Texas Minister to Washington. 
The government had its head-quarters at Columbia, where 
only the rudest accommodations were to be found. 
Austin labored constantly for three days and nights in a 

* The first President was, according to the Constitution, to serve only two 
years, but those who followed him were to hold oflace three years. 



102 HOUSTON'S ADMINISTRATION. 

room without fire. A severe cold followed, from which, 
on December 2 7, he died. 




PRESIDENT HOUSTON. 



He was mourned not alone by the people of Texas, 
but by the citizens of the United States. 



ERA OF THE REPUBLIC. 103 

Difficulties.— The difficulties that Houston and his 
Congress had to deal with were numerous. The public 
debt amounted to $2,000,000; the population was 
scarcely fifty thousand, and most of them did not see a 
dollar from year's end to year's end. Mexico had by no 
means given up her claim to Texas, and was constantly 
threatening another invasion.* The Mexican navy block- 
aded our ports and destroyed our commerce. The Texan 
army was idle in camp. Being impatient at not receiv- 
ing the pay for which they had long waited, they were 
ready to find fault with every public official. The judi- 
cial affairs of the country were in a deplorable condition. 
The Indians were exceedingly troublesome, as the Mex- 
icans urged them on to every species of savage treachery. 

HOW THESE DIFFICULTIES WERE MET. 

(1.) Debts.— Congress issued scrip, which entitled the 
purchaser to a certain number of acres of Texas land, to 
be located wherever he wished. Many of the public cred- 
itors willingly accepted this scrip in part payment. Half 
a minion dollars in government notes were issued; these 
were good for the payment of all taxes and other public 
dues.t 

* "When Santa Anna reached Mexico, lie found himself powerless. Those who 
had been his greatest admirers while he was the Dictator, now that he returned 
a defeated general, set free from prison, had only cold looks and scornful smiles 
for him. Even had Santa Anna desired to keep his word as given to President 
Burnet in the secret treaty, he would have been unable to do so. He retired to 
his country seat, contented to bide his time till Fate should once more favor him. 

t During the first year of Houston's administration there was paid into the 
treasury only five hundred dollars of actual money. 



104 UNITED STATES AND TEXAS. 

(2.) Mexico. — Affairs in Mexico grew worse and worse. 
One revolution followed another. The country was so 
disturbed that Filisola dared not invade Texas as he had 
prepared to do. Mexico needed all her soldiers at home, 
and Texas was left in peace. 

(3.) Texan Army. — The army could not be disbanded 
so long as it was unpaid. Houston hit upon this wise 
plan : he granted furloughs to most of the soldiers. In 
this way the army was reduced to a mere garrison. 

(4.) Judicial Reforms. — The Spanish code of laws and 
judicial methods were entirely abandoned; those of the 
United States were adopted. 

United States and Texas. — The great majority of Tex- 
ans were anxious not only that their independence should 
be recognized by the United States, but that Texas be 
admitted to the Union. A resolution declaring Texas to 
be a free and independent country was introduced into 
the United States Senate, March 1, 183 7. A brilliant 
debate followed, in which Henry Clay and John C. Calhoun 
favored the matter. On March 2, the resolution passed 
by a small majority, thus making that day one to be 
doubly celebrated by Texans. The question of annexa- 
tion was then brought up, but met with little favor from 
the wisest heads of the time. Acting upon President 
Jackson's advice, Houston instructed Anson Jones, then 
Minister to the United States, to withdraw the proposi- 
tion of annexation. 

Lamar and Burnet. — As the law made the President 
ineligible to succeed himself, Houston was not a candidate 



ERA OF THE REPUBLIC. 105 

for re-election. In September, 1838, Mirabeau B. Lamar 
and David G. Burnet were elected President and Vice- 
President of the Republic. 

LAMAR'S ADMINISTRATION.* 

(1838-1841.) 

Foreign Affairs.— In 1839, France officially recognized 
the independence of Texas and sent over M. de Saligny 
as Minister.! In 1840, England, Holland, and Belgium 
welcomed the young Republic into the family of nations. 

* Mirabeau B. Lamai% the descendant of an ancient Hugnenot family, was 
born in Georgia, in 1798. After an honorable public career in bis own State, he 
visited Texas (1835), and was so pleased that he decided to make it his home. 
He won the admiration of both officers and soldiers, by daring bravery in the 
battle of San Jacinto. Under Burnet's administration he was Secretary of War ; 
in 1836 he was elected Vice-President. During the war between Mexico and the 
United States, Bamar showed himself a gallant commander. In 1852 he was 
United States Minister to the Argentine Republic. He was peculiarly winning 
in his manners and courtly in his carriage ; his literary taste was remarkably fine ; 
he has been called the Chevalier de Bayard of Texas History. His early man- 
hood was saddened by the death of his wife and child. In 1851 he married again, 
and in 1857 was able to write : 

"Like yon declining sun. my life 
Is going down all calm and mild, 
Illumined by an angel wife, 
And sweetened by a cherub child." 
He died December 19, 1861. 

t While the matter of acknowledging Texas' independence was being dis- 
cussed, General Henderson, the Texas Minister, was asked the poptilation of the 
Republic. The General was between two fires. He wished to make the population 
as large as possible, so as to prodrice a favorable impression ; yet there was pres- 
ent M. de Saligny, who had just returned from Texas, and knew the state of 
affairs. The Minister resolved to trust to French politeness, so, turning to Saligny, 
he said: "Will not Monsieur de Saligny answer that question ?"—" Certainly," 
was the reply. "I think about one million would cover the number of your 
citizens." General Henderson was more than satisfied, as sixty thousand would 
have been a most generous estimate. . . . Prance remained extremely friendly 



106 



LAMAK'S APMINISTKATION. 



Indian Troubles. — While Houston believed in using 
all possible kindness toward the Indians, Lamar's policy 

was entirely different; 
he thought force alone 
had any influence upon 
savages, and proposed 
to use the sword un- 
sparingly. A vigorous 
campaign was waged 
against the Cherokees. 
They were forced to 
give up their rich 
lands and seek other 
homes. Lamar and 
his supporters claimed 
that the Cherokees had 
no just title to these 
lands, and even if they 
had, that the title was forfeited when the Indians joined 
the Mexicans against the Texans. Others believed the 
Cherokees had every right to their homes, and that they 




PRESIDENT LAMAR. 



with Texas until 1841, when a pig came near making serious trouble. A pig 
belonging to an Austin hotel-keeper, chanced one day to wander into the stable 
of M. de Saligny and help himself to a generous supply of corn. The French 
hostler immediately killed the pig, whereupon the landlord horsewhipped the 
hostler. Saligny, angry at this treatment of his servant, made complaint, and the 
landlord was bound over to appear before court. A few days afterward, Saligny 
was in the hotel, when mine host rushed up to him and ordered him out of the 
house. Imagine Saligny's rage, that he, the Minister of France, should be so in- 
sulted by a " common Texan." As the government did not make sufficient amends, 
he left the country. The President, however, managed to satisfy him, and all 
■>vas onpe more harmonious, 



ERA OF THE REPUBLIC. 107 

Were much superior to other red men. Lamar kept his 
troops busy warring with every tribe that showed itself 
unwilhng to obey his commands.* 

Financial Troubles. — The financial outlook of Texas 
grew gloomier each year. The promissory notes issued 
by the Republic fell lower and lower, until they became 
nearly worthless. Though there was no money to pay 
even necessary expenses, the government was mapped 
out on a grand scale. The President received $10,000 
per year, each member of the Cabinet, $3,500 ; many 
needless officers were employed. It was no wonder that 
no European nation was anxious to loan money to a 
country whose expenses were $900,000 per year, while 
its income was only $180,000. 

Mexico and Texas. — Troubles at home and war with 
France f gave Mexico so much to do that she had little 
time or means to harass Texas. The feeling between 
the two countries was beginning to grow less bitter, 
when, unfortunately, the Santa Fe Expedition was organ- 
ized. Texas claimed all lands east of the Rio Grande, 
but had never been able to establish her authorit}^ over 
the western part of this country. The people of New 



* It may seem very cruel to the young student, when he reads how the 
Indians were driven from place to place, and hunted down like beasts, but he 
must remember the provocation his Texas ancestors had. In those dark days, no 
mother on our broad Western prairies ever rocked her babe to sleep at even-tide, 
without the fear that the morning would find it torn from her arms and mur- 
dered by the red men, who listened to no entreaty, whose hearts knew no such 
feeling as pity. 

t In this war Santa Anna again came to the front ; he succeeded in winning 
back his popularity, and lost a leg in the service of his countrJ^ 



108 MEXICO AND TEXAS. 

Mexico were said to be anxious to throw off the tyranny 
of Mexico and enjoy the liberty of the Texan Repubhc. 
With the approval of Lamar, but against the wishes of 
Congress, in 1841 a band of three hundred and twenty 
men started to Santa Fe. The expedition was not one 
of war, as the Mexicans claimed ; its purposes were to 
open trade between Texas and New Mexico, to give the 
inhabitants an opportunity to unite themselves to Texas, 
and to explore the intervening country. Mexico believed 
the only true reason for the expedition was the desire of 
Texas to win New Mexico, and that these three hundred 
and twenty adventurers were really an invading army. 
On the long march to Santa Fe the Texan s suffered all 
the tortures of hunger and thirst, were attacked by the 
Indians, exposed to violent storms and prairie fires. 
When at last they reached their destination, they found 
all the country roused against them and the Mexican 
soldiers waiting to entrap them. One of their most 
trusted officers turned traitor, and surrendered the entire 
band to the most savage of Mexican officers. After 
being imprisoned for a time, they were marched down 
into Mexico, enduring on the way every species of 
cruelty that Salezar could inflict upon them. On reach- 
ing Mexico, they were forced as a chain-gang to perform 
the foulest labor. At night they were imprisoned, often 
among the most hardened criminals. At length Texas and 
the United States succeeded in having them released.* 

* Por days the prisoners had no food save an ear of raw corn. The favorite 
amusement of Salezar was to call the half-starved men about him and toss into 



ERA OF THE REPUBLIC. 109 

Removal of Capital.— As a majority of the people 
strongly objected to Houston remaining the capital, in 
1839 a committee was appointed to select a new site. 
After a careful survey of the Republic, Austin was chosen. 
Though it was in the center of the geographical bounds 
of Texas, yet it was in an uninhabited region. The 
nearest settlement, Bastrop, was thirty-five miles distant. 
Toward the west there was no town nearer than San 
Antonio. Indians made frequent raids upon the infant 
city. Nothing daunted by all this, the brave pioneers 
went to work to build up a metropolis. In August, the 
first town lots were sold ; by November, Congress and 
the officers of the Republic were settled in the new 
capital.* 

Progress. — In spite of many drawbacks, Texas was 
steadily progressing. Trade gradually increased. During 
three months of 1840, ninety-two vessels came into 

the air fifty small meal cakes. He looked on highly pleased as they scrambled for 
the morsels of food. At night they were compelled to lie on the frozen ground, 
with no shelter from the fierce northerns and beating hail. On one occasion they 
complained bitterly, and asked Salezar to allow them to enter some houses that 
were near by. He, in answer to their request, had one hundred and eighty men 
to march into two small rooms that could not accommodate more than twenty. 
The only ventilation came through a small window in the front room. After 
nearly snflfocating, the Texans hurled themselves against the locked door to 
force it open, but did not succeed. Finally, as a special kindness, Salezar 
permitted fifty of the Texans to come out and sleep in the piercing cold. Those 
who fell by the wayside were shot, and their ears cut off to show they had not 
escaped. 

* The men who surveyed Austin were delighted to notice a strong resemblance 
between the view south of Capitol Hill, in Austin, and the landscape south of 
the United States Capitol at Washington. As one stands on Capitol Hill, he sees 
Congress Avenue, similar to Pennsylvania Avenue, Colorado River and Heights, 
a match for the Potomac and Arlington Heights. 



110 HOUSTON'S SECOND A DMINISTK ATI oK. 

Galveston Harbor. Houston grew rapidly. The Brazos, 
Trinity, and Colorado were alive with steamers. Texas 
imported less and exported more. 

Education. — During this administration, the first effort 
was made to establish a system of public schools.* Each 
county was granted three leagues of land for school 
purposes, while fifty leagues were set apart for a State 
university. 

New Officers. — In September, 1841, Houston was again 
chosen President, and Edward Burleson was made Vice- 
President. 

HOUSTON'S SECOND ADMINISTRATION. 

(1841-1844.) 

Houston's Policy. — The President, soon after his in- 
auguration, announced his intention of trying more peace- 
ful measures in dealing with the Indians. He asked 
Congress to establish trading posts on the frontier. This 
was done, and it was soon found that the savages gave 
less trouble. Houston recommended rigid economy in all 
public matters. This was, in a measure, adopted, and the 
expenses of the Republic decreased. He advised the 
greatest moderation in dealing with Mexico, showing 
that Texas was in no condition to invade that country, 
and that any rash movement might bring on endless 
trouble. 

* Anson Jones says, in a letter written from New Orleans about this time : 
"The lack of schools keeps thousands of immigrants from Texas. Congress must 
take active steps in the matter, or the future of the Republic will be gloomy." 



EKA of tHE REPUBLIC. Ill 

Mexican Invasion. — In March, 1842, the mhabitants 
of San Antonio were surprised by a Mexican force ap- 
pearing before their town and demanding its surrender. 
As they had no means of defending themselves, the 
citizens were forced to yield. A small band of Mexicans 
also took possession of Refugio and Groliad. After re- 
maining only two or three days in the captured cities, 
the Mexicans retreated to the Rio Grande. 

Cause of Invasion. — That Santa Anna even dreamed 
he could subdue Texas and make her once more bear 
the Mexican yoke, is not to be believed. He had seen 
enough of Texan bravery and patriotism to know that 
to be impossible. He was unwilling to acknowledge 
Texas an independent country, and took this manner of 
letting her know she was still considered a part of 
Mexico. 

Texan Resistance. — The news of the capture of San 
Antonio quickly spread throughout the Republic. In a 
few days, three thousand men had volunteered. Before 
they could gather, however, the enemy had gone. Many 
were anxious to cross the Rio G-rande and pursue the 
Mexicans, but the wiser heads, knowing Texas had no 
money to carry on a war, persuaded the patriot army to 
await a better opportunity. 

Special Session of Congress. — In June, 18-12, the 
President called a special session of Congress to meet at 
Houston.* Congress realizing that the Republic was in 

* Houston was named as the place of meeting, because Austin was not con- 
sidered safe, as it was thought the Mexicans would soon make a strong effort to 



112 MIER EXPEDITION. 

danger, passed a bill authorizing Houston to assume the 
powers of a dictator, and to sell ten million acres of 
public land to defray the expenses of an offensive war 
against Mexico. Houston vetoed this bill. As, however, 
there was not a dollar in the treasury to pay agents to 
dispose of this land, the measure would really have done 
no more good than would *'a resolution to appropriate 
ten million acres of blue sky." 

Second Invasion. — In September, 1842, General Woll, 
with twelve hundred Mexicans, crossed the Rio Grande. 
He captured San Antonio, and made prisoners the mem- 
bers of the District Court that was then in session. 

Battle at the Salado. — News of this second invasion 
caused the Texans to rush to arms without delay. They 
met the enemy on the Salado, a few miles from San 
Antonio. A battle followed. The Texans won, and the 
Mexicans retreated into their own territory. 

Mier Expedition. — Texan troops continued to collect 
near the frontier. They asked to be led into Mexico, 
that they might revenge themselves for some of the 
many wrongs that Santa Anna and his officers had in- 
flicted upon them. After several weeks of inaction, 
during which the soldiers grew dissatisfied, and made no 

capture that city. When the officers wished to remove from Austin to Houston 
some state papers that were needed by Congress, the people of Austin objected. 
They claimed that Houston was partial to the city named in his honor, and was 
continually planning to move the capital back to Houston. When the officers 
insisted upon having the documents, the citizens took up arms, stationed guards 
over the archives, and threatened to shoot down any one who dared try to 
remove any governmental property. Fortunately no blood was shed. The papers 
remained in Austin. 



ERA OF THE REPUBLIC. 113 

secret of their feelings, General Somervell ordered the 
army to disband. Three hundred of the men did not 
obey the command, but remained near the border. After 
the General's departure, they elected William S. Fisher 
commander. Embarking in boats, they sailed down the 
Rio Grande until they came to a point opposite the Mex- 
ican town, Mier. Pitching their tents on Texan soil, the 
little band then crossed into the enemy's country. They 
were met by General Ampudia (am pc5o' de a), with two 
thousand men. After a hard struggle, in which our 
men showed wonderful bravery, the Mexicans were so 
weakened that they were on the point of giving up the 
town. 

Surrender of the Texans. — At this point, where Mex- 
ican valor failed, Mexican trickery succeeded. A white 
flag was sent out ; the bearer told the Texans that Gen- 
eral Ampudia had seventeen hundred regular troops in 
Mier ; that a re-inforcement of eight hundred fresh men 
was expected every moment ; that the General admired 
the bravery of the Texans, and wished to save them from 
the certain destruction that awaited them, if they con- 
tinued the battle ; that, if they refused the generous offer 
of surrender Ampudia was ready to make, they must ex- 
pect no quarter. It seems strange that the Texans had 
not learned by this time to never trust the Mexicans, 
promises or no promises. But General Fisher was badly 
wounded, and many of their number were suffering in- 
tensely from serious wounds ; nor did they know the true 
state of affairs, that a few moments more of hard fight- 



114 SUilRfiNDEU OF THE TEXANS. 

ing would have won the victory for them.* It was de- 
cided to accept the ''generous terms" offered by the 
enemy, t Many of the Texans were bitterly opposed to 
the surrender. Some shed tears as they saw the majority 
of their comrades give up their arms. 

Treatment of the Prisoners. — Then began the old story. 
Though the Texans had been promised that they should 
be kept near the border and soon exchanged, in a few 
days they were started upon a wearisome march into the 
interior of Mexico. Thirst, hunger, cold, heat, dust, 
fatigue — all these, and even more miseries, were heaped 
upon them. 

Escape. — On February 11, the prisoners overpowered 
their guards, armed themselves, conquered the cavalry 
guard, took what horses they could get, and to the num- 
ber of one hundred and ninety-three started for home. 
Instead of keeping in the main road, and trusting to their 
]30wer to conquer any force they might meet, they tried 
to make their way over the mountain paths. They soon 
became lost. Days passed, and they knew not which 
way to turn. Food was so scarce that it was necessary 
to kill their horses. Many a rough soldier, who had 
without a sigh slain a dozen human beings in battle, 

* G-eneral Grreen says if Q-eneral FisTier had not been wounded, Ampudia's 
offer would never have been accepted. Oreen thinks an army should never be 
guided by a sick or wounded man. 

t The first of these articles of surrender reads thus: "All who give up 
their arms will be treated with the consideration which is in accordance 
with the magnaniinous Mexican nation!" Green says: "The interpreter took 
good care to translate this 'with all the honors and consideration of prisoners 
of war.' " 



ERA OF THE REPUBLIC. 115 

wept as he stabbed the animal that had so faithfully 
served him. Water failed them. As the time passed and 
no water was found, many, overpowered by the fever 
brought on by tormenting thirst, lay clown to die.* 
Scores of them became so weak that they threw away 
their arms, and pressed on in the mad search for water. 
While in this condition, they were met by a company of 
Mexican cavalry. Of course, their capture was a work 
of no difficulty. 

The Fatal Lottery. — On March 25, the prisoners, who 
were now heavily ironed, received news at Salado, that 
every tenth man among them was to be shot ; this was a 
punishment for their attempt to escape. Colonel Mexier, 
who was first appointed to superintend the massacre, posi- 
tively refused to have any thing to do with so inhuman 
a crime. Santa Anna had no trouble, however, in secur- 
ing some one to take Mexier's place. The prisoners, 
heavily guarded, were marched into a court-yard. The 
Mexican officer took an earthen mug, in which he placed 
one hundred and fifty-nine white beans and seventeen 
black ones. The men who drew the black beans were to 
be shot. What a scene was that ! Not a Texan flinched. 
The brave Captain Cameron, who was the first to draw, 
advanced with a firm tread toward the vessel that con- 
tained life and death, sa^dng: "Well, boys, we have to 

* " Some chewed prickly pear leaves, but this astringent only increased their 
sufferings ; others, with tongues so parched and swollen that they could not close 
their mouths, were scratching in the shade of bushes for cool earth to apply to 
their throats and stomachs. Of the one hundred and ninety-three men who fled, 
only nine mq,de good their escape to Texas,'"— Green, 



116 :\r I N U T E M E N . 

draw, so let's be at it." He drew life, but there was no 
joy in his face, for he knew that seventeen of his com- 
rades must suffer. Indeed, those who drew the fatal 
colors were less moved than the fortunate ones. At 
dark, the condemned were moved to a neighboring court, 
where they were shot.* 

Fate of Remaining Prisoners. — The prisoners who were 
left were placed in the gloomy fortress of Perote (pa po'ta). 
This was considered such a strong castle, that it was 
thought the Texans could not escape. Two parties, con- 
sisting of sixteen men each, succeeded in getting away 
by such clever contrivances, that the Mexicans claimed 
they were assisted by Satan ! The remaining prisoners 
were held till the death of Santa Anna's wife, Septem- 
ber, 1844. Some say her dying request was that the Tex- 
ans might be released ; others claim that the sincere grief 
that her loss caused him made the President merciful, f 

Minute Men. — Returning to affairs in Texas, we find 
that, after the second invasion, Congress ordered (Decem- 
ber, 1842) six companies of militia to be ready for in- 
stant service. G-eneral Thomas Rusk was appointed com- 

* So cruel were the executioners, that they shot some of the men not less 
than fifteen times. 

t As we have so much evil to record against Santa Anna, justice demands 
that we give the student an account of a good deed that he did soon after the 
battle of Mier. Among the Texans was a boy of only fourteen, J. C. C. Hill, who 
showed such bravery as to win the admiration of the Mexican officer. The boy's 
conduct having been reported to Santa Anna, he had him released, took him 
home, treated him as a son, and gave him the best advantages the country 
afforded. The boy's influence obtained the release of his father and brother, who 
were among the prisoners. Young Hill married a, Mexican, and bec9,me a citizen 
of his adopted country. 



ERA OF THE REPUBLIC. 117 

mander. A body of Texas Rangers was also organized 
to protect the border. 

Appeal to the Powers. — Before beginning an offensive 
campaign against Mexico, the Texas authorities resolved 
to make an appeal to the Great Powers of the world. 
A statesman-like paper was prepared, showing that though 
Texas had won her freedom, and though her independ- 
ence had been recognized by the United States, En- 
gland, France, and other powers, yet Mexico continued 
at war. Texas did not complain of the war in itself, but 
she did protest against the cruel, inhuman method of 
warfare that Mexico used; she showed that Santa Anna 
had violated the law of nations, that Mexico had acted 
in so barbarous a manner as to rank her among savage 
rather than Christian nations. Texas now asked that all 
governments that loved freedom and justice should re- 
monstrate with Mexico. In France and England this 
paper made a deep impression.* From this time, these 
two countries seemed to vie with each other in their at- 
tention to Texas. Mexico was made to feel that she was 
arraying the civilized world against herself. 

Armistice. — In 1843, an armistice was made between 
Texas and Mexico, each agreeing that there should be 
absolute peace, till a formal declaration of war was made 
by one or both parties. 

* Peel and Q-uizot pronounced it one of the finest pieces of State literature 
they had ever seen. To Hon. Ashbel Smith, one of Texas' most accomplished 
sons, is due much of the credit of England's interest in Texas. He became popular 
in London, and induced many of the leading men to inform themselves upon 
Texas affairs. 



118 ANNEXATION. 

Annexation. — During all this time, the people of Texas 
still desired to become a part of the United States, while 
the annexation of Texas became more and more popular 
throughout the greater Republic. President Tyler strongly 
favored annexation, and brought the matter before the 
United States Senate. After careful deliberation, that 
body (June, 1844) rejected the proposition from Texas.* 
Andrew Jackson, Tyler, and other Avarm friends of the 
measure, felt that this decision was not final ; that the 
people w^ould soon decide the matter themselves. In the 
Presidential campaign of 1844, "Polk and Texas," or 
"Clay and no Texas," was the battle cry. France and 
England did all in their powder to keep Texas from the 
United States ; among many other inducements, they 
offered her complete protection from Mexico. This action 
on the part of these two great nations had a good effect 
upon the United States. They saw if they did not hasten 
to receive Texas, she would pass into the powder of some 
other country. Polk's party showed that this would never 
do, for it would be a direct violation of the Monroe Doc- 
trine ; they showed, also, that when England or France 
once gained a foot-hold in North America, the United 
States would be compelled, for her own safety, to burden 

* There were two reasons why many citizens of the United States opposed 
the Annexation Bill. First, Mexico still claimed Texas, and said she would fight 
before she would give her up to another nation ; Texas claimed the Rio Orande 
as her western boundary, while Mexico said the Nueces formed the border. Thus, 
war with Mexico would surely follow the admission of Texas to the Union. Sec- 
ond, the Texans held slaves; hence, while most of the South favored the bill, 
the North bitterly opposed it, as it added greatly to the slave-holding terri- 
tory, 



ERA OF THE REPUBLIC. 119 

herself with vast standing armies. The election resulted 
in the choice of Polk. This decided that Texas would 
soon become one of the United States, if she so desired. 

Condition of Texas. — December, 1844, the close of 
Houston's administration, found Texas improved in 
finances ; the people rejoiced over fine harvests, and every 
heart elated with the happiness of being at peace with 
the world, and of being about to become one of the sis- 
terhood of States. Anson Jones and Kenneth L. Ander- 
son were elected President and Vice-President. 



JONES' ADM INI STB ATI ON.* 

(1844-1845.) 

President's Position. — President Jones' position was a 
most trying one. Annexation was publicly discussed 
throughout both Texas and the United States. France 
and England were making every advance to Texas, and 
offering her strong inducements to remain independent. 
To keep all proposals unanswered for several months, 
and give offense to none of the nations, was the task 
that confronted the President. 



* Anson Jones was born in Massachusetts, in 1798. At the age of twenty-two, 
he was licensed to practice medicine. He immigrated to Texas in 1833, settling 
in Brazoria. He was strongly in favor of Texan independence, and did good work 
on the battle-field and in the hospitals. He was a member of the Texan Congress, 
Minister to the United States, and Secretary of State before he became President. 
At the annexation of Texas, he retired to his plantation, where he busied himself 
with his professional and literary labors until 1858, when, in a fit of despondency, 
he took his own life. His " Republic of Texas " contains much that is valuable 
to the student of Texas history. 



120 



ANNEXATION BILL. 




Annexation Bill.— On February 25, 1845, a bill pro- 
viding for the annexation of Texas passed the House of 

Representatives at 
Washington : one hun- 
dred and twenty voted 
for the bill, ninety-eight 
against it. On March 1, 
the Senate voted twenty- 
seven " ayes," twenty- 
five "noes." One of the 
last official acts of Pres- 
ident Tyler was to sign 
the bill, and thus make 
it a law. 

Offers from Mexico. 
— Mexico now made the 
strongest effort to keep 
Texas from entering the doors of the Union. She 
offered peace, lasting peace, on the most favorable terms. 
Texas had at last learned how little Mexico's promises 
were worth, and hence paid no attention to them. 

Texas Accepts Annexation.— After both the Texan 
Congress and a Convention assembled for the purpose 
had reported favorably on the Annexation Bill, the matter 
was • submitted to the people. On October 10, they 
voted almost unanimously to accept the same. The laws 
of the United States were extended over Texas in De- 
cember ; on February 19, 1846, both the laws and postal 
service of the United Sljates became those of Texas, and 



ANSON JONES. 



ERA OF THE REPUBLIC. 121 

President Jones gave way to the first Governor of the 
State of Texas. Thus the Repubhc of the Lone Star was 
by her own hand blotted out from the catalogue of 
nations, but in her place gleams a radiant planet, that 
revolves in the peaceful firmament of the "Red, White, 
and Blue."* 

* The following is an extract from President Jones' valedictory, when he 
turned over the government to Governor Henderson: "The great measure of 
annexation so earnestly discussed, is happily consummated. The present occasion, 
so full of interest to us and to all the people of this country, is an earnest of 
that consummation ; and I am happy to greet you, their chosen representatives, 
and to tender to you my cordial congratulations on an event the most extraor- 
dinary in the annals of the world— one which makes a bright triumph in the 
history of republican institutions. A government is changed both in its officers 
and in its organization— not by violence and disorder, but by the deliberate and 
free consent of its citizens; and amid perfect and universal peace and tran- 
quillity, the sovereignty of the nation is surrendered, and incorporated with that 

of another The Lone St^r of Texas, which ten years since arose 

amid clouds, over fields of carnage, and obscurely seen for awhile, has culmi- 
nated, and following an inscrutable destiny, has passed on and become fixed for- 
ever in that glorious constellation, which all freemen and lovers of freedom in 
the world must reverence and adore— the Ametican Union. Blending its rays with 
its sister States, long may it continue to shine, and may genei-ous Heaven smile 
upon this consummation of the wishes of the two Republics, now joined in one. 
May the Union be perpetual, and may ic be the means of conferring benefits 
and blessings upon the people of all the States, is my ai'dent prayer. The first 
act in the great drama is now performed. The Republic of Texas is no more." 



122 



BLACKBOARD ANALYSIS, 



BLACKBOARD ANALYSIS 



I. David Buknet, President ad interim. (See Epoch FV.) 



II. 



1. Difficulties. 



IV 



IIouston"'s Ad 
ministration ^ 
(1836-1838) 



III. Lamar's Ad 
ministration < 
(1838-1841). 



fa. Debts. 
I b. Mexico. 

\ c. Army. 

I d. Indians. 

1 6. Judicial System. 

2. How Difficulties were Met. 

3. Austin's Death. 

4. United States Recognizes Texan Independence. 

5. United States Refuses to Consider Annexation of 

Texas. 

1. France, England, Holland, and Belgium Recognize 

Texan Independence. 

2. Indian Wars. 

3. Financial Troubles. 



4. Santa Ee Expedition. 



a. Object. 

b. Jovrney. 

c. Capture. 

d. Fate of Prisoners. 



Houston's Ad- 
ministration 
(1841-1844). 



5. Capital Moved to Austin. 

6. Progress and Education. 

1. Trading Posts Established. 

2. Eirst Mexican Invasion. 

3. Second Mexican Invasion. 

4. Battle of the Salado. 



5. Mier Expedition. 



a. Cause. 

b. Battle at 3Iier. 

c. Surrender. 

d. Escape. 

e. Capture. 

f. Fate. 



6. Appeal to the Powers. 

7. Election of Polk, and Triumph 

Party. 



of Annexation 



v. Jones' A d - 
ministration 
(1844-1845). 



1. Difficulties. 

2. Annexation Bill Passes United States Congress. 

3. Offers from England, France, and Mexico. 

4. Texas Admitted to the Union. 



BRA VI. 

ERA OF THE STATE 

(184-6-1888.) 



HENDERSON'S ADMINISTRATION.* 

THE GOVERNORSHIP.— The Convention that Pres- 
ident Jones called to form a State Constitution, 
provided that the Governor should hold office two years, 
and that he should have the power of veto. 

Opening of the Administration. — Governor Henderson's 
administration opened with the brightest prospects. 
Texas, freed from all those cares that the central gov- 
ernment assumes, felt as if she had a great burden rolled 

* J. Pinckney Henderson was born (1809) in North Carolina. His boyhood 
was characterized by an intense love for his mother, and great diligence in study. 
He said that while at college he frequently studied eighteen out of the twenty- 
four hours. At the age of twenty -one he was admitted to the bar. In 1836, he 
forsook his profession, raised a company of volunteers, and came to Texas. In a 
few months he was made Attorney-general. In 1837, he was sent as special 
Minister to England and France to win from them recognition of Texan Inde- 
pendence. After much skiUful labor, he succeeded in his mission and returned 
home. In 1844, he was sent as Minister to the United States to bring about an- 
nexation. At the close of his term as Governor, he refused to become a candidate 
for re-election. In 1857, he was selected to fill a vacancy in the United States 
Senate. Before, however, he could become fully installed in his new place of 
honor. Death claimed him for his own. 



124 



HENDEK son's ADMINISTRATION, 



from her shoulders. Her debts were still great, but her 

credit now was all she 
could wish. Her public 
lands were rapidly in- 
creasing in value. Im- 
migration poured into 
her borders. She offered 
homes "without money 
and without price." 
Houston and Rusk * 
were sent to the United 
States Senate. With 
such officers at home and 
abroad, Texas might well 
rest at her ease. 

War Between United 
States and Mexico. — 
When Mexico saw that, 

in spite of all her efforts, Texas was about to become 




GENERAL ZACHARY TAYLOR. 



* In 1803, at a small %nllage in South Carolina, Thomas Jefferson Rusk was 
born. His genius and industry won the admiration of John C. Calhoun, by 
whose aid he gained an education and was licensed to practice law. After a 
visit to Texas, he was so pleased with the country that he determined to make 
it his home. Under Burnet he became Secretary of War. He spent much time 
in the Texas camp and often, in the darkest days, his eloquence roused the 
drooping spirits of the patriot army. At the battle of San Jacinto he was con- 
spicuous for his bravery. In 1837, he was in the Texan Congress. Soon after he 
went against the Indians, who were proving troublesome, and thoroughly defeated 
them. After serving as Chief Justice, he was made President of the Annexation 
Convention, and was elected United States Senator from Texas. In 1857, to the 
surprise and grief of all his friends, he committed suicide. The loss of his wife 
the year before is supposed to have been the cause of this sad termination of a 
useful life. 



ERA OF THE STATE. 125 

one of the United States, she became very angry. Her 
Minister at Washington was called home. The United 
States Minister to Mexico was refused recognition. Texas 
was informed that, in the Union or out of the Union, she 
still belonged to Mexico. As Mexico had already done 
much to arouse the enmity of the United States, the 
news of war was gladly received. Under the leadership 
of General Winfield Scott and General Zachary Taylor, 
the war was one continued triumph for the Americans.* 

Texas took an active part in the war ; her gallant 
Rangers, under Colonel Jack Hays, won lasting fame. 
The Governor left his civil duties in charge of Lieutenant- 
governor Horton and took his place in the army. He was 
made a Brigadier-general, and so distinguished himself at 
Monterey, that Congress voted him a sword. On Sep- 
tember 1-1, 1847, the city of Mexico, notwithstanding her 
strong fortifications, surrendered to General Scott, f The 
Stars and Stripes waved over the Halls of the Montezumas, 
and Mexico was forced to give up every claim to Texas 
and acknowledge herself conquered. 

Results of War. — As Mexico had no money to pay 
the war indemnity, the United States agreed to take 
land. The Rio Grande was established as the boundary 
between Texas and Mexico. California, Utah, Nevada, a 



* As the Mexican war is fully treated in all United States histories, we have 
not deemed it necessary to enter into particulars here. 

t General Scott was, at one time during the war, ordered to force the Mexi- 
cans to furnish his army with such food as they needed. This he positively re- 
fused to do, saying the people were too poor to be thus burdened. Imagine a 
Mexican commander having such consideration for an enemy ! 



126 WOOD'S ADMINISTRATION. 

part of Colorado, New Mexico, and the most of Arizona, 
making a territory four times as large as France, were 
ceded to the United States. In return for this, our 
country paid Mexico $15,000,000, and assumed the debts 
she owed in the United States. 



WOOD'S ADMINISTRATION.* 

(1847-1849.) 

Legislature. — During this time and the previous ad- 
ministration, the Legislature was busy in establishing 
courts, erecting public buildings, organizing counties, in- 
corporating towns, and providing for the many other 
wants of the young State. 

Debt. — Much attention was given to the public debt, 
which, at the lowest estimate, now amounted to over five 
and a half million dollars. While the creditors knew they 
Avould in time be paid, as the public lands were held as 
security, yet they were becoming impatient. Many plans 
were proposed for satisfying the creditors, but none suited 
the majority of the legislators, and the matter was left 
undecided. 

Boundary Troubles. — As has been stated, Texas claimed 
the Rio Grande as her western boundary, but had never 
been able to establish her authority over the country 
about Santa Fe. When the United States took possession 



* Little is knov?Ti of the private life of George T. Wood. In 1836, he came to 
Texas from Georgia, which was his native State. He was in the Mexican war, 
and greatly distinguished himself. 



EKA OF THE STATE. 127 

of her new territory at the close of the Mexican Avar, she 
considered the disputed strip of country as a portion of 
New Mexico, and proceeded to organize it into a Territory. 
This caused much bad feeling in Texas. Many of the 
citizens, led by Governor Wood, favored taking Santa Fe 
by force. They were told by the United States authorities 
that if they did so, it would be at their peril. The more 
impulsive Texans then took this position : " If the United 
Stated persist in holding our property, we will withdraw 
from the Union." The Governor wrote to the President, 
showing the injustice that was being inflicted upon Texas. 
Here the matter rested until the next administration. 

BELL'S ADMINISTRATIONS.* 

(1849-1853.) 

The Boundary Question. — By far the most important 
event of this administration was the settlement of the 
boundary question. In January, 1850, Senator Benton 
introduced a bill in the United States Senate, offering 
Texas fifteen millions of dollars for the portion of New 
Mexico which she claimed ; the bill also provided that 
Texas should be divided into two States. This measure 
failed to pass, but the matter was kept constantly before 
the public mind. In August, Mr. Pearce introduced a 

* Hansboro P. Bell, a native of Virginia, came to Texas in 1836. In the 
battle of San Jacinto, he distinguished himself by his bravery. After holding 
several offices under the Republic, he entered the Mexican war and was made 
Colonel of Volunteei-s. His soldiers idolized him. In 1853, near the close of his 
second term as Governor, he was elected to Congress. Having served as Congress- 
man four years, he married and moved to North Carolina. 



128 TEXAS ACCEPTS. 

"Boundary Bill," which valued the disputed land at ten 
millions of dollars, but left Texas free to do as she pleased 
concerning a division of her territory. Texas was required 
to accept or reject the proposition by December, 1850. 
One half the purchase money was to be kept in the 
United States Treasury, to pay the public debt of Texas. 
On September 4, the bill passed Congress, and in three 
days the President signed it and sent it to the Texan 
officials. 

Texas Accepts. — While Benton's and Pearson's bills 
were being discussed in Congress, public feeling in Texas 
was at a high pitch. Some claimed that the keeping half 
the money in the United States Treasury was an insult 
to Texas, that it was equivalent to saying, "Texas is dis- 
honest ; she will not pay her debts even if she have the 
means." Others vowed they would never part with an 
acre of the soil for which they had "fought and bled." 
The demagogues of the day told the j)eople this was the 
first step of the central government toward assuming 
absolute power. On the other hand, the wiser leaders 
argued that Texas had already as much land as she could 
manage ; that she was deeply in debt, and her creditors 
were daily growing more pressing ; that there was no 
use in one generation bearing all the burdens and leav- 
ing those Avho came after nothing to do.* A special 

* Among these was Houston. In the United States Senate he said: "Texas 
makes no new claim. She made the same prior to annexation. But Texas is 
loyal; she has assented to every thing that goes for her peace, and she will be 
magnanimous in this. If we do yield, however, we should do it as parties in a 
matrim(mial alliance, who have determined to say 'yes' anyhow." 



ERA OF THE STATE. 129 

session of the Legislature was called, and the offer of 
the United States was accepted by an overAvhelming 
majority.* 

Results. — Texas was now free from debt and had a 
fine surplus in her treasury. She at once began the erec- 
tion of a State Capitol, Treasury Department, Comptroller 
and Land Office. 

Henderson as Governor. — When Governor Bell was 
elected to Congress, J. W. Henderson, Lieutenant-governor, 
succeeded to the gubernatorial chair. At the election in 
the fall of 1853, Elisha M. Pease was chosen Governor, 
and D. C. Dickinson, Lieutenant-governor. 



PEASE'S ADMINISTRATIONS, t 

(1853-1857.) 

Public Debt. — When Congress came to settle the debts 
of the Texas Republic, it was found that the five millions 
kept in the United States Treasury for that purpose 
would not be enough. At this point, Texas presented a 
bill against the United States for money spent in defend- 

* By this action, Texas sold 56,249,640 acres of land for $10,000,000, moving 
her boundary line from the Rio Grande to the line that now separates her from 
New Mexico. 

t Elisha M. Pease was born in Connecticut in 1812. He came to Texas in 
1835. He held the offices of Chief Clerk in the Navy and Treasury, Comptroller 
of Public Accounts, State Repi-esentative, and State Senator. In 1853, he was 
chosen Governor. In 1855, he was re-elected by a handsome majority. In 1867, 
General Sheridan appointed Pease Provisional Governor, but he resigned in 1869. 
In 1879, he accepted the office of Collector of Customs at the port of Galveston. 
He was a man of strong convictions and resolute purpose. Being opposed to seces- 
sion, he took no part in public affairs during the war. 



130 HAILROAB LAW. 

ing the borders from Indians who hved in the United 
States. To grant justice to all, in February, 1855, Con- 
gress appropriated $2,750,000 more for Texas' claims. 
Every debt was then paid, much to the relief of all con- 
cerned. 

Railroad Law. — The population of Texas was increas- 
ing, but not as rapidly as was desired. Her wisest men 
saw that to people so large an area would be the work 
of a century, unless the railroads could be induced to 
join North and South, East and West, by their magic 
bands. To bring this about, the Legislature offered six- 
teen sections of land for every mile of road built. The 
railroad companies, however, were obliged to construct 
twenty-five miles of road before they became entitled to 
this offer. The State did even more ; if the companies 
lacked money, she loaned it to them on favorable terms. 

School Funds. — Grovernor Pease was a warm friend 
of public education. He recommended the Legislature to 
set aside a permanent school fund, and to establish a State 
University. The Legislature appropriated two millions of 
the money receive'd from the United States for a per- 
manent school fund, thus taking the first practical step 
toward building up a public-school system in Texas.* 

Public Institutions. — In August, 1856, the Legislature 
appropriated one hundred thousand acres of land for each 

* The first public school in the State was opened in San Antonio, in 1854. 
It will surprise the pupil of to-day to learn that the Constitution then provided 
that only the poorest children should be admitted to free schools. So long as this 
was the case, the schools were, of course, badly attended, and still more badly 
taught. 



ERA OF THE STATE. 131 

of four asylums — the blind, the deaf and dumb, the 
insane, and the orphan. The first two of these were 
opened during Pease's administration. The new Land 
Office and the Governor's mansion were also built during 
this time. 

Troubles with Mexican Laborers. — Affairs in Mexico 
were in such a troubled state, that scores of Mexicans 
sought refuge in Texas. The lowest classes of these 
people often married negro slaves, whom they then 
helped to escape from their masters. A violent prejudice 
against all Mexican laborers sprang up among the Tex- 
ans. Public meetings w^ere called, in which the planters 
were advised to employ no Mexican servants. At this 
time, Mexican teamsters were doing most of the hauling 
in Southern and Western Texas, for they worked more 
cheaply than Texan wagoners. In spite of public warn- 
ings, farmers and merchants continued to employ the 
labor they could get for the least money. The Texas 
workmen then attacked the teams of the Mexicans, stole 
their goods, killed their animals, destroyed their wagons, 
and, in some cases, murdered the drivers. Governor 
Pease, after investigating the matter, ordered out seventy- 
five militiamen to protect the Mexicans. This ended the 
trouble. 

Indian Affairs. — Determined to do every thing possible 
to keep the Indians at peace, the fifth Legislature set 
aside twelve leagues of land for the use of the various 
tribes. Indian agents were appointed and trading-posts 
established. 



132 CONDITION OF THE COUNTRY. 

RUNNELS' ADMINISTRATION.* 

(1857-1859.) 

Railroads. — Governor Runnels was opposed to such 
large grants of land to the railroads. He showed the 
Legislature that the railway companies were slow in 
complying with their part of the contract, and advised 
that the State be less generous. 

Troubles. — A long drought caused the people much 
loss of crops. There was such constant trouble with the 
Indians, that they were finally removed from Texas. 
There arose during these years much of the bitter feeling 
on sectional affairs that was soon to ripen into the Civil 
War. In spite of all obstacles, however, Texas continued 
to grow in wealth and population. 

HOUSTON'S ADMINISTRATION. 

(1859— March 18, 1861.) 

Condition of the Country. — From the day Houston 
became Governor, all was tumult and confusion. The 
whole United States was excited over the Presidential 
election. Most of the Southerners felt that, if Lincoln 
were elected, war would surely follow. Many felt that 

* Hardin R. Runnels was born in Mississippi. He came to Texas in 1841. 
In 1853, he was Speaker of the House of Representatives. After holding the 
office of Lieutenant-governor, with Pease, he was, in 1857, elected Governor. His 
chief opponent was General Houston, who had lost his popularity among the 
people by his views on the " Kansas and Nebraska Bill." (See U. S. History.) 
After his term expired, Govei-nor Runnels retired to his plantation on Red River, 
where he died in 1873. 



ERA OF THE STATE. 133 

the slaves were on the point of rebelling. Secession was 
discussed on every side, and all felt uneasy over the 
future. 

Cortina.— A daring Mexican, Cortina by name, invaded 
Texas with four hundred men, and by his thefts and 
murders kept the whole country in terror. Houston ap- 
pealed to the President for aid. Colonel Robert E. Lee 
was ordered by the United States authorities, to not only 
attack Cortina and his band in Texas, but, if need be, to 
follow them into Mexico, and exterminate them. This 
had the desired effect. Cortina and his men kept on 
their own side of the Rio Grande. 

The Border.— The Indians, who had been removed 
from Texas, still looked with longing eyes upon their old 
homes. Hating the race who had taken their places, 
they lost no opportunity of coming back by stealth, and 
doing the whites all the injury their savage cruelty could 
suggest. The Governor was forced to order out several 
companies of militia before he succeeded in driving back 
the Indians.* 



* It was during this campaign that our present G-overnor, General L. S. Ross, 
rescued the long-lost Cynthia Ann Parker, who had been for nearly twenty-Sve 
years a captive among the Comanches. In 1837, a settlement called Parker's Port 
was attacked by the Indians. Most of the inhabitants were either killed or capt- 
ured. Among the latter was Cynthia Ann Parker, then a child of nine years. 
For five years no trace of her could be found. Colonel Williams happened, in one 
of his trading tours through the Comanche tribes, to hear of a white maiden 
who had been adopted by an Indian family. He went to the parents and 
offered to ransom the girl, but was told that no money could buy her. He was 
allowed to see Cynthia Ann, but could not persuade her to speak a word. He 
told her of her relatives, of the boys and girls with whom she had played, and 
asked her what message he should take back to them, but she would make no 



13-i STATE CONVENTION. 

Sectional Troubles. — From the time Lincoln was 
elected President of the United States (1860), the war- 
clouds gathered thick and fast. Houston was opposed to 
the State leaving the Union, and did all he could to pre- 
vent it. The great mass of the people favored secession, 
and had no sympathy with the Governor's views. In 
January, 1861, Houston called an extra session of the 
Legislature to consider what should be done. 

State Convention. — The people were too excited by 
this time to wait for, or be satisfied with, the Legislature. 
They at once elected delegates to a State Convention. 
This body assembled in Austin, January 28, 1861. On 
February 1, the all-important question came up. By a 
vote of one hundred and sixty-six ''ayes" to seven ''nays," 
Texas withdrcAV from the Union. This action was (Feb- 
ruary 23) submitted to the people, and was ratified by 
an overwhelming majority, and the last tie that bound 
Texas to the United States was severed. 



reply. WTietlier she had been ordered by the Indians to be silent, or had for- 
gotten the English language, Colonel AVilliams could not tell. Cynthia Ann was 
soon married to a brave young chief, Peta Nacona. She was devoted to him and 
her children. When the Texans, under young Koss, attacked and defeated the 
Comanches, Peta Nacona tried to escape with his wife and little ones. He was 
killed; the two sons fled, and Cynthia Ann with her little daughter, Prairie 
Flower, was captured. So soon as General Ross noticed her blue eyes, he felt 
sure she was the Cynthia Ann of whom he had heard so much during his boy- 
hood. She was sent to her uncle, who welcomed her heartily. She did not like 
the new life, and longed for her wild home with her savage chief. The separation 
from her boys distressed her. She tried to escape, but her uncle prevented this. 
Finally she became more reconciled ; some remembrance of her childish days 
returned; she learned English again, and became able to do some forms of do- 
mestic labor. In 1864, she and her child died. One of her sons, Quanah Parker, 
became a chief of the Comanches. 



ERA OF THE STATE. 135 

Texas Joins the Confederacy. — The Convention then 
decided that Texas should join the Southern States in 
forming the Confederate States of America. All officers 
were required to take the oath of allegiance to the new 
government. This was willingly done by all but Groyernor 
Houston and Secretary of State Cave. Their offices were 
at once declared vacant. Houston refused to retire, say- 
ing, that neither the Legislature nor Convention had the 
right to thus deprive him of honors granted him by the 
citizens. In spite of his protests, Lieutenant-governor 
Clarke was sworn in.* 



CLARKE'S AD MINI STRATI ON. t 

(March 18, 1861— December, 1861.) 

Preparations for War. — ISTothing was thought of during 
this time except preparations for war. Texas was divided 
into eleven military districts ; camp instruction was given 
in each district. By November, there were fifteen thou- 
sand Texans in the Confederate army. All intercourse 
with the North was forbidden. Northern citizens were 
given twenty days in which to leave the State. The 
United States troops that were in Texas were forced to 



* Houston's last official act was to send a message to the Legislature remon- 
strating at the injustice they had done him. He then retired to his home in 
Huntsville. Though strongly opposed to secession, he gave permission to his 
oldest son to enlist in the Confederate army. 

t Edward Clarke was born in Georgia. WTien he came to Texas, is not known. 
After holding the offices of State Representative, Senator, and Secretary of State, 
he was, in 1859, elected Lieutenant-governor. 



136 SIBLEY EXPEDITION. 

surrender. All their supplies fell into the hands of 
the Texans. The Northern vessels completely blockaded 
the coast. 

LUBBOCK'S ADMINISTRATION.* 

(1861-1863.) 

Sibley Expedition. — In the fall of 1861, a brigade 
was fitted out under Q-eneral Sibley, to invade the Terri- 
tory of New Mexico, drive out the Union forces, and take 
possession of the public property in the name of the 
Confederacy. This, like the Santa Fe Expedition, was 
most unfortunate. The Texans found their force too 
small to accomplish their purpose, as the great majority 
of the people of New Mexico were strong Unionists. The 
brigade returned, having gained nothing. Their loss was 
not less than five hundred men. 

Galveston Captured. — In October, 1862, G-alveston was 

* Frank E.. Lubbock was born in South Carolina, in 1815. In 1829, his 
mother was left a widow, with six children to support. He went to work to care 
for the family. Influential friends secured for him a West Point cadetship, but 
he nobly refused it, saying, his first duty was to his mother. When only twenty, 
he married, his bride being sixteen. In 1836, he came to Texas in search of a 
younger brother. A few months later, he moved to Houston. In 1837, he was 
made Comptroller under President Houston. When Lamar became President, 
Lubbock was thrown out of a position. Not finding more congenial work, he at 
once began farming and wood-cutting. Such industry was bound to siicceed. He 
soon became a commission merchant, and continued in that business until he 
was again made Comptroller by Houston. He was, in 1861, elected Governor. 
At the close of his term, he entered the Confederate army. He was selected by 
President Jefferson Davis as one of his aides. At the end of the war, G-overnor 
Lubbock was imprisoned for seven months. In 1878, he was elected State Treas- 
urer, an office he has held ever since. His cordial manner and sterling character 
make him universally popular. 




O^UVEK^'UK FKANK K. LlKIiUCK, 



138 CONDITION OF TEXAS. 

taken by the Northern troops. In December, General 
Magruder, by a well-planned attack, retook the city, 
captured several Federal vessels, and frightened away all 
blockading ships. For a few days, Galveston was once 
more an open port. In a short time, however, the block- 
ade was renewed. 

Battle at Sabine Pass. — Texas was free from further 
conflicts till September (3, 1863. A fort had been built 
to defend Sabine Pass. The garrison numbered only 
forty-one men. On the above-named date, a Union fleet 
of twenty vessels appeared off the coast, and several 
of the ships commenced a bombardment. The little 
garrison at once fired away with all their guns, and 
so bravely did they keep up the fight, that soon two 
of the ships were wrecked, while the rest hastily sailed 
away. 

Condition of Texas. — During this administration Texas, 
of course, suffered from the war, but her lot was much 
better than that of the other Southern States. She had 
ninety thousand men in the Confederate army ; she voted 
money in generous sums ; her people often gave up their 
private property ; she endured the miseries of the con- 
script * and of martial law ; her mothers, wives, and sis- 
ters knew many a heart-ache ; but can less be expected 
from the monster, War? While the women and children 
in other Confederate States suffered from hunger, the 



* By this conscript law every male person, who had passed his sixteenth 
birthday, unless entirely disabled or unless he was excused by the Constitution, 
was forced to enlist in the army when called upon. 



ERAOFT HE STATE. 139 

broad prairies of Texas teemed with rich harvests. No 
hostile army invaded her territory. She got salt from her 
own lakes in the sonth-west. She took her cotton to the 
Rio Grande and there exchanged it for such goods as the 
Mexican market afforded ; the blockade had no great 
terrors for her. 

Houston's Death. — General Houston died at his home 
in Huntsville, July 2 6, 1863. Death hushed all slander, 
all bitter differences of opinion, and the whole State 
united to mourn his loss.* . 



HURRAH'S ADMINISTRATION, t 

(1863— June 17, 1865.) 

Few Battles on Texas Soil. — Texas was in the ex- 
treme south-west corner of the Confederacy ; her popula- 
tion was scant. There was so much to engage the atten- 
tion of the .Northern armies, at the great centers of 
action, that they had no time to think of Texas, nor did 

* Houston's last appearance in public was in March, 1863, when he delivered 
an address to the people of Houston. From many eloquent sentences we quote 
the following : " I have been buffeted by the waves, as I have been borne along 
Time's ocean, until, shattered and worn, I approach the narrow isthmus which 
divides it from the sea of eternity beyond. Ere I step forward to journey the 
pilgrimage of Death, I would say that all my thoughts and hopes are with my 
country. If one impulse arises above another, it is for the happiness of these 
people ; the welfare and glory of Texas will be the uppermost thought, while the 
spark of life lingers in this breast." 

+ Pendleton Murrah, a native of South Carolina, moved in his early manhood 
to Alabama, where he engaged in the practice of law. On coming to Texas, he 
continued his profession till 1857, when he was sent to the Legislature. In 1863, he 
was elected Governor. When the Confederacy surrendered, he fled to Mexico. In 
1865, he died at Monterey. 



140 ■ HARDSHIPS. 

they deem it necessary to send large forces into her 
boundaries. The battles fought in the State were not of 
such magnitude nor importance as to be accurately re- 
corded by history. Her sons covered themselves with 
glory upon many a well-fought battle-field. Hood's Bri- 
gade was famous for its daring bravery, as were scores 
of other noble Texans, but their blood reddened the soil 
of other States of the sunny South Land. 

Crops and Manufactures. — During this administration 
the mills at the Huntsville Penitentiary turned out nearly 
three million yards of cloth. At Austin and elsewhere 
large supplies of powder, percussion caps, pieces of artil- 
lery, and other articles needed in war were made. Many 
refugees from Arkansas, Louisiana, and Mississippi fled 
to Texas, bringing with them their teams and farming 
implements. The crops made during these two years were 
enormous ; three million bales of cotton were gathered. 

Hardships. — Had Peace been ruling over the land, all 
would have prospered ; but so long as cruel War stalked 
abroad, it was in vain that Mother Nature did her best. 
There was suffering among the people. One half the 
cotton was seized by the government, teams were taken 
from their owners ; the planters had to contend against 
many severe laws of trade ; corn-cribs were measured, 
and only enough left to supply the bare necessities of the 
possessors. This seems cruel ; yet what else was to be 
done? The soldiers needed food. Other Southern States 
were filled with devastating armies. Texas alone could 
supply the demand. 



ERA OF THE STATE. 141 

Close of War.— For four years the South had struggled 
against fearful odds. Having done all that mortals could 
do, she in 1865 wisely gave up the conflict. After our 
noble Lee surrendered his sword (April 9, 1865), the re- 
maining Southern forces yielded rapidly.* General E. 
Kirby Smith made formal surrender (May 80, 1865) of 
his department, which included Texas. 

Lawlessness.— In his message to the Legislature, May, 
1865, Governor Murrah said: "Imperative duty compels 
me to call your attention to the fearful demorahzation and 
crime existing throughout the State. The voice of the 
law is hushed and its authority seldom asserted. It is a 
dead letter— an unhonored thing upon the pages of the 
statute-book." To make the matter worse, Texas was 
now fined with weary, heart-sick soldiers returning home. 
When one remembers the unhappy condition of those 
men, how much they had suffered, and how dark the 
future appeared, he will not wonder that a few among 
them grew desperate. There was no law to restrain 
them. At first only public property suffered, but soon 
private property was taken. The State Treasury was 
robbed. Governor Murrah had issued a proclamation 
ordering all civil officers to use every precaution to pro- 
tect private property. Soon after the Governor fled to 
Mexico, and there was no power in the State to enforce 
his proclaraation. 

* The last fight in the Civil War took place at Brazos Santiago, Texas, May 
13. A Union force was sent out to surprise a Confederate camp. On its return, it 
was defeated by a band of Southerners, who had rallied for that purpose. 



142 HAMILTON'S ADMINISTRATION. 

General Granger. — In June, General Granger, of the 
United States army, took command. He proclaimed the 
freedom of all slaves, and declared void all laws made by 
the Texas Legislature that were not strictly in accord 
with the Constitution of the United States. Soon after. 
President Johnson appointed A. J. Hamilton Provisional 
Governor of Texas. 



HAMILTON'S ADMINISTRATION.* 

(July, 1865- August, 1866.) 

Hamilton's Course. — Governor Hamilton, in assuming 
his new duties, seemed anxious to do all in his power to 
win back the Texans to a true allegiance to the Union. 
He issued a proclamation, advising the negroes to prove 
themselves worthy of their freedom by obeying the law, 
remaining with their former masters, and working for 
moderate wages. He was required to fill all offices Avith 
men who had been loyal to the Union. 

Financial Condition. — An examination (July, 1865) 
showed that the financial condition of Texas was by no 
means discouraging. She owed eight and a half million 
dollars, but over eight millions of this was the war debt, 

* A. J. Hamilton was born in Alabama, in 1815. He came to Texas in 1846, 
and settled in Austin. He held the offices of Attorney-general, Representative, 
Presidential Elector, and Congressman. He was a Unionist, and refused to leave 
his post in Congress till Texas had seceded. Returning home in 1861, he found 
himself unable, in accordance with his conscience, to assist Texas ; hence he went 
back to Washington. He was in 1867 made Associate Justice of the Supreme 
Court ; in 1868 he was a m.ember of the second Reconstruction Convention. He 
died in 1875, at his home in Austin. 



ERA OF THE STATE. 148 

which was declared void. In the Treasury was found 
$419,065.37, which left Texas entirely free from debt. 

Reconstruction Convention. — The Governor called for 
an election of a Convention that should reconstruct the 
State government. No one was permitted to vote at this 
election except those who had been true to the Union. 
The Convention met, February 10, 1866, at Austin. It 
declared "secession a nullity," and gave up all rights to 
such action ; all debts made for the carrying on of the 
war or the support of the Confederacy were made in- 
valid ; all the proceedings of the Convention of 1861 were 
rendered null and void. The Constitution was amended 
so as to be fully in accord with the Constitution and 
laws of the United States. An election for State officers 
was held, July, 1866. J. W. Throckmorton was chosen 
Governor, and George W. Jones, Lieutenant-governor. 

THROCKMORTON'S ADMINISTRATION.* 

(August, 1866— August, 1867.) 

The President and Congress. — At this time President 
Johnson and Congress were at enmity. Whatever John- 
son favored, Congress opposed. The student keeping this 
in mind will not be surprised to find many changes and 
inconsistencies in the government of the seceded States. 

* James W, Throckmorton was born in Tennessee, February 1, 1825. He re- 
ceived a good education and took a thorough course in medicine. He came to 
Texas in 1841. In 1851, he was elected to the Legislature, where he served several 
terms. He was opposed to secession, being one of seven who voted against the 
measure. Yet when Texas seceded, he said : '* I shall never draw a sword to 
stab my State, but shall shoulder my musket and stand by her until death." 



144 THEOCKMOETON'S ADMINISTE ATIO N. 




GOVERNOR J. W. THROCKMORTON 



ERA OF THE STATE. 145 

Military Rule.— In March, 1867, Congress passed a bill 
placing the South again under military rule. The President 
vetoed the bill ; Congress passed it over his veto. General 
Sheridan was made military commander. All civil elec- 
tions were forbidden until they should be ordered by the 
general government. The tests of registration were made 
more severe ; no one could hold office or vote, who could 
not take the "iron-clad oath."* 

Governor Removed. — During these trying times. Gov- 
ernor Throckmorton did all in his power to carry out the 
commands of Sheridan's officers, and yet act justly to- 
ward his State. In spite of this, on July 30, the following 
order was issued by Sheridan: "A careful consideration 
of the reports of Brevet Major-general C. Griffin, of the 
United States Army, shows that J. W. Throckmorton, Gov- 

He entered the Confederate army, and made a noble record. At the close of 
the war, he retired to his home in Collins County. He was elected a member of 
the " Reconstruction Convention," of which body he was made President. When 
he was removed from the Governor's chair by Sheridan, Oovernor Throckmorton 
returned home. He remained in private life till 1874, when he was made 
Congressman. He served in this capacity four years ; his health failing, he again 
retired to private hfe. 

* This oath read as follows: "I do solemnly swear, that I have never volun- 
tarily borne arms against the United States since I have been a citizen thereof ; 
that I have voluntarily given no aid, countenance, counsel, or encouragement to 
persons engaged in armed hostility thereto ; that I have neither sought, nor ac- 
cepted, nor attempted to exercise the functions of any office whatever under any 
authority in hostility to the United States ; that I have not yielded a voluntary 
support to any pretended government, authority, power, or constitution within 
the United States hostile thereto ; and I do further swear that, to the best of my 
ability, I will defend and support the Constitution of the United States against 
all enemies, foreign and domestic ; that I will bear true faith and allegiance to 
the same ; that I take this obligation freely, without any mental reservation or 
purpose of evasion ; and that I will faithfully perform the duties of the office on 
which I am about to enter, so help me Q-od." 



146 PEASE'S ADMINISTKATIOK. 

ernor of Texas, is an impediment to the reconstruction 
of that State, under the law. He is therefore removed from 
that office. E. M. Pease is hereby appointed Governor of 
Texas in place of J. W. Throckmorton, removed. He will 
be obeyed and respected accordingly." 

PEASE'S ADMINISTRATION. 

(August, 1867— September, 1869.) 

General Hancock. — Sheridan was now removed, and 
General Hancock was placed in command of Texas. 
Hancock forbade the military to interfere with civil affairs ; 
he encouraged the people to take matters into their OAvn 
hands; he made the registration laws more lenient. But 
this displeased the rabid leaders of Congress, and Han- 
cock* was displaced. 

Convention Called. — In 1868, it was decided to call a 
Convention that should form a new State Constitution. 
This was done with a view of gaining the re-admission of 
Texas to the Union. Little interest was taken in the 
matter by the best citizens, who seemed to have fallen 
into a state of apathy concerning all public matters. 
Austin was selected as the place of meeting. After much 
debate, a Constitution was adopted. 

Governor Pease Resigns. — Governor Pease, feeling that 
he could do neither himself nor the State justice while he 

* Hancock won the lasting affections of the Texans. When he became a 
candidate for the Democratic nomination for the Presidency, his nomination was 
seconded by Governor Hubbard in so eloquent a speech as to win for the orator 
a national reputation. Texas did not fail to roll up a handsome majority for 
Hancock in the election. 



ERAOFTHESTATE. 1-17 

was under the control of military officers, resigned, Sep- 
tember 30. For three months Texas had no Governor, an 
adjutant performing the duties of executive. 

Constitution Adopted.— In November, the new Consti- 
tution was ratified by the people. At the same time, ac- 
cording to mihtary orders, an election for State officers 
was held. Edmund J. Davis was chosen Grovernor. 



DAVIS' ADMINISTRATION.* 

(1870-1874.) 

Texas Re-admitted to the Union.— Before Texas could 
be again admitted to the Union, she was required to ratify 
the Thirteenth, Fourteenth, and Fifteenth Amendments 
to the Constitution of the United States. This was done 
by the Legislature in February, 1870. At the same time 
United States Senators were elected. On March 30, 1870, 
by act of Congress, Texas was re-admitted to the Union. 
Her Senators and Representatives once more entered the 
halls of Congress. Military rule was withdrawn. 

Disabilities Removed.— The "iron-clad oath" had dis- 
franchised most of the native Southerners. This caused 

* Edmund J. Davis, a native of Florida, came to Texas in 1848. He held 
various offices of trust until 1861, when he refused to take the oath of allegiance 
to the Confederacj\ The next year, he went North and joined the Union army, 
in which he remained till the close of the war. Returning to Texas, he was 
elected a member of both Reconstruction Conventions, being made President of 
the second Convention. He was one of six Commissioners sent to Washing- 
ton to secure the recognition of Texas' new Constitution. Elected Governor in 
1869, he remained in office four years, as was the law under the Constitiition of 
that time. 



148 DAVIS' ADMINISTRATION. 

them to take little interest in public affairs. With the re- 
turn of civil authority, however, the skies grew brighter. 
Congress passed a bill removing all disabilities from the 
majority of the ex-Confederates. Those who were not in- 
cluded in this list could secure the full rights of citizen- 
ship by applying to Congress ; the " iron-clad oath " was 
no longer required. The Texans awoke from their leth- 
argy, found that they were once more in their Father's 
house, and resolved to stay there. 

Legislative Acts. — In the Legislature a special bill was 
passed providing for the protection of the frontier. A 
Homestead Law was formed, granting to every married 
settler one hundred and sixt}^ acres, and to each single 
settler eighty acres of land from the public domain. 
Homesteads were more rigidly protected from seizure or 
sale. Cities and towns were given the right to grant sub- 
sidies for carrying out external improvements. The Gov- 
ernor was given the power to suspend the writ of habeas 
corpus.* The public-school system received attention ; 
laws were passed to encourage and build up the cause 
of public education. 

Immigration and Railroads. — The population of Texas 
now increased as never before. During 1 8 7 2 , 'ninety-one 
thousand six hundred immigrants came into the State, 
making a gain of ten per cent, in one year. An im- 
migration bureau did much to inform the world as to the 
climate and resources of Texas. From that date to the 

* This was strongly opposed by the Democrats. Its passage caused much bit- 
ter feeling. Governor Davis made use of this power three times. 



ERA OFTHE STATE. 149 

present time, all other States in the Union, Europe, and 
Asia have poured into our boundaries a constant stream 
of humanity. 

In 18 71, there were only five hundred and eleven 
miles of railway, while at the close of 1872 there were 
one thousand and seventy-eight miles in actual operation. 

Exciting Election Scenes.— As early as 1872, the 
Democrats had a majority in both branches of the Legis- 
lature, and had elected ah Congressmen. In December, 
1873, State officers were to be elected. The Democrats 
nominated Richard Coke and R. H. Hubbard for Governor 
and Lieutenant-governor. Governor Davis was a candi- 
date for re-election. The campaign was intensely excit- 
ing ; the result showed a majority of at least forty thou- 
sand for Coke and , Hubbard. A question as to whether 
or not the election law was constitutional was raised 
by the opposing party. The matter was referred to the 
Supreme Court, which body decided the law to be uncon- 
stitutional. The Governor immediately issued a proc- 
lamation, forbidding the convening of the fourteenth 
Legislature, and denying that it had legal existence; 
the thirteenth Legislature was reconvened. The newly- 
elected legislators paid no attention to this proclama- 
tion ; they hastened to Austin, took possession of the 
upper story of the Capitol, organized, and went to work. 
Governor Davis refused to recognize them, or hold any 
communication with them. The night of January 13, 
187-1, will long be remembered. The ground-floor of the 
Capitol was occupied by Davis, his officers, and a com- 



150 COKE'S ADMINISTRATION. 

pany of negro soldiers ; above, were the Legislature, 
their sergeants-at-arras, and guards. Late that night, the 
election returns Avere counted, and the Legislature sol- 
emnly declared Richard Coke to be Governor of Texas. 
The gravest fears were entertained, lest the night might 
close with bloodshed, but such was not the case. Davis 
was at last forced to yield. 



COKE'S ADMINISTRATION.* 

(1874-1876.) 

Fears of Interference. — Though Coke and Hubbard 
were installed in office, yet the State was by no means 
at ease. It was feared that the United States would in- 
terfere, as Davis had appealed to President Grant for aid. 
The President wisely answered that Texas was now a 
State of the Union, and must manage her own internal 
affairs. This settled the matter. Davis, seeing there was 
no possible chance for him to regain his power, retired 
from the field. 

Difficulties. — Difficulties beset the new administration 
on every hand. As we have seen, at the close of the 

* Bichard Coke was born at Williamsburg, Virginia, in 1829. At the age of 
nineteen, lie graduated with honor from William and Mary College ; a year 
later, he was admitted to the bar. Moving to Texas in 1850, he located at Waco, 
where he still lives. He soon became prominent in his profession, He entered 
the Southern army as a private, served four years, and came out a captain. In 
1865, he was made District Judge ; in 1866, he became Associate Justice of the 
Supreme Court, but was soon removed, as an impediment to reconstruction. His 
career, as Governor, was such as to win the admiration and respect of all. In 
1876 and 1882, he was elected United States Senator. He is regarded as one of 
the leading members of the Senate, 



ERA OF THE STATE. 



151 



'"^ 



A w%^ 






I 




GOVERNOR RICHARD COKJS. 



152 CONSTITUTIONAL CONVENTION. 

war, Texas had no debt worthy of mention; in 1874, 
she owed three and a half milHons, besides various unde- 
termined claims. Many of the taxes had been left for 
years uncollected. The credit of the State was below 
par, while her warrants were sold at a heavy discount. 

Governor's Course. — Governor Coke employed the same 
keen business talent in State affairs that he had used so 
successfully in private life. The laws for collecting taxes 
were strengthened. An agent was sent East to sell State 
bonds. In every department of the government true econ- 
omy was practiced ; there was no " penny-wise-and-pound- 
foolish" policy, but wherever expenses could be reduced, 
without injury to the interest of the State, it was done. 

Constitutional Convention. — The Constitution adopted 
in 1869 was unpopular among the people. The State 
officers and legislators found it impossible to remedy 
man}^ of the evils then existing, so long as the Constitu- 
tion was in force. On September 6, 1875, a Constitu- 
tional Convention met at Austin. After two and a half 
months of hard Avork, they presented to the State the 
Constitution we now have. The Constitution was ratified 
by the people, the majority being nearly a hundred 
thousand, while, at the same time. Coke and Hubbard 
were re-elected by over a hundred thousand votes.* 

Agricultural and Mechanical College. — Texas received 

* Texas seemed, at tliis election, to have brought her best men front in all 
ranks. The fifteenth Legislature, that was selected at this time, is known as one 
of the most energetic bodies that ever occupied the legislative halls of the 
Capitol. Much of their success was due to the zeal, talents, and industry of the 
Speaker of the House, Colonel T. E,. Bonner, 



ERA OFTHE STATE. 153 

from the United States land scrip for one hundred and 
eighty thousand acres, for the founding of an Agricultural 
and Mechanical College. This scrip, when sold, brought 
$156,600. In 1871, it was decided to locate the college 
at College Station, four miles from Bryan. Handsome 
brick buildings were erected. On October 4, 1876, the 
school opened, with an able faculty. 

Coke Resigns. — In May, 18 76, Grovernor Coke was 
elected to the United States Senate. As he was not to 
take his seat in the Senate until March, 1877, at Lieuten- 
ant-governor Hubbard's earnest request, he did not resign 
the governorship until December, 1876. 

HUBBARD'S ADMINISTRATION.* 

(December, 187G-1879.) 

Penitentiaries. — The penitentiary question had proved 
so annoying to several Governors, that each new officer 

* Richard B. Hubbard, a native of G-eorgia, was born in 1832. Graduating at 
eighteen from Mercer University, he then took the law course at the University 
of Virginia and at Harvard. In 1853, he came to Texas, and settled in Tyler. He 
soon became a leading figure in political circles, his burning eloquence winning for 
him the title of the " Young Demosthenes." In 1856, he was a member of the Na- 
tional Democratic Convention. Soon after, he was made United States Attorney 
for Western Texas, an office ho resigned to enter the Legislature. During the war, 
he distinguished himself as a Colonel of Confederate Infantry. After the war, he 
retired to his farm. On his return to public life, he held various offices of trust. In 
1873, he was nominated by acclamation forDieutenant-governor. WTien Governor 
Coke resigned, his place was taken by Governor Hubbard. In 1880, ex-Governor 
Hubbard distinguished himself in the National Democratic Convention, by secur- 
ing the nomination of Hancock. In 1884, his services were in constant demand 
as a campaign speaker. In 1885, he was appointed by President Cleveland as 
Minister Plenipotentiary to Japan. In his new field he shows the same rare tal- 
ents and strong personal magnetism that won him such popularity in Texas. 



154 



HUBBARD'S ADMINISTRATION. 



looked iipon it with dread. The Huntsville Penitentiary 
had been leased for a term of fifteen years. Complaints 



■'< 




BICHABD B. HUBBARD. 



were constantly being made as to the cruel treatment of 
the convicts, and various other matters connected with 



ERA OF THE STATE. 155 

the management. Governor Hubbard thoroughly investi- 
gated the matter, and found much truth in the com- 
plaints. He had the State to again assume control of the 
penitentiary. In a short while, it was re-leased to respon- 
sible parties ; the rent brought a handsome sum above 
all expenses. During this administration, the penitentiary 
buildings at Rusk were erected. 

Frontier Protected and Crime Punished. — Governor 
Hubbard was vigorous in his defense of the frontier, and 
the results were encouraging. For years bands of robbers 
and other lawless characters had held portions of the 
State in terror. The Governor offered heavy rewards for 
the capture of such persons. Criminals, who had long 
laughed at the law, were in this way caught and brought 
to justice. Land forgeries had been extensively practiced, 
some of the guilty ones being men in the higher classes 
of society. This was stopped, and, in many cases, the 
forgers ended their career in the penitentiary. 

Debt and Immigration. — In spite of large sums used 
for purposes mentioned in the last toioic, and in spite of 
the growing expenses of the State, the public debt was 
reduced nearly a million of dollars. In 1870, Governor 
Hubbard delivered a Centennial address, setting forth the 
advantages Texas offered the emigrant. This speech was 
read throughout the United States ; it was translated 
into French and German, and scattered over Europe. 
The result was that, during the next few years, Texas 
received a vast number of immigrants from Europe and 
America. 



156 SAM HOUSTON NORMAL INSTITUTE. 

Prairie View Normal. — During this period the Prairie 
View Normal, a combination of a Normal School and an 
Agricultural and Mechanical College, was founded for the 
training of colored youths. The Governor was a warm 
friend of public education, and did all he could to improve 
the system of schools. 



ROBERTS' ADMINISTRATION.* 

(1879-1883.) 

Governor's Policy. — The most characteristic feature of 
this administration was the strict " Pay-as-you-go " pol- 
icy adopted by G-overnor Roberts. By the careful man- 
agement of his two predecessors, and by his own financial 
skill, he was able to pay all expenses of the State, reduce 
taxation, and yet have a handsome balance left in the 
treasury. 

Sam Houston Normal Institute. — In 1879, a State 
Normal School was opened at Huntsville. This is a 

* Oran M. Roberts was born in South Carolina, July 9, 1815. His early life 
was one of hardships. He, in spite of many difficulties, succeeded in gaining a 
good education, graduating from the Alabama University in 1836. In 1841, he 
moved to Texas, where he began the practice of law in San Augustine. In 1844, 
he was appointed District Attorney by President Houston. In 1846, he became 
District Judge. In 1857, he was made Associate Justice of the Supreme Court, a 
position he held till 1862. He entered the Confederate army, and was elected 
Colonel of the "Eleventh Texas Infantry." His health failing, in 1864, he was 
elected by his friends Chief Justice of Texas. In 1866, he was elected to the 
United States Senate, but was not allowed to take his seat, as Texas was not 
reconstructed. In 1874, he was again made Chief Justice. He held this position 
until he was elected Governor. In retiring from the Governor's chair, in 1883, he 
went to his farm near Austin. In the fall, however, he was chosen Professor of 
the Law Department in the State University. 



ERA OF THE STATE. 



157 




O. M. ROBERTS. 



school for the special training of Texas teachers. All who 
attend pledge themselves to teach a certain length of 



158 SCHOOL LAWS. 

time in the State. Each Senator and each Representative 
has the power of appointing a pupil, whose expenses are 
partially paid by the State. The school sends out large 
and enthusiastic classes every year, who are doing much 
to improve the public school system of Texas. 

Capitol Burned. — On November 6, 1881, Austin was 
thrown into great excitement by the burning of the 
Capitol. Many valuable State papers and relics perished 
in the flames. In 1882, a temporary building was erected 
at the foot of Capitol Hill. 



IRELAND'S ADMINISTRATION.* 

(1883-1887.) 

School Laws. — Among the important improvements 
in the School Laws during Grovernor Ireland's admin- 
istrations were : the creation of the ofhce of State Super- 
intendent of Public Instruction ; the investment of the 



* John Ireland was born in Kentucky, January 1, 1827. He says : " My 
parents were humble people, residing in the rural districts. What education I 
got I paid for by working two days in the week for five days' schooling at an 
'old field school.' " Before he was twenty-one he was made Deputy Sheriff of his 
native county; he was made of age by special act of the Legislature. When 
twenty-four he began the study of law. In 1853, he came to Texas and settled at 
Seguin. He entered the army as a private, and came out a Colonel. He says : 
" My chief fighting was done with mosquitoes on the coast " ; but his soldiers tell 
a different story. In 186G, he was elected District Judge, but was soon removed 
by the military authorities. In 1873, he was a member of the Legislature ; in 
1875, of the Senate ; and in 1875, was placed on the Supreme Bench. In 1880, he 
was a member of the National Democratic Convention. In 1882, he was nom- 
inated for Governor by acclamation; this happened again in 1884. After four 
years of successful executive life, Governor Ireland retired to his home in Seguin, 
and resumed the practice of law. 



ERA OP THK STATE 



159 




JOHN IKELAND. 



permanent school fund in six per cent, bonds ; the stop- 
ping of the sale of school lands at fifty cents per acre ; the 
lengthening of the school term to six months in the year. 



160 



STATE UNIVERSITY. 




STATE UNIVERSITY. 



State University. — As early as 1839, the Congress of 
the Texan Repubhc set apart forty acres of land in the 

future capital for the 
grounds of a State 
University. Fifty 
leagues of the public 
land were reserved 
for the support of 
the University. In 
1 8 8 1 , a general elec- 
tion was held to lo- 
cate the University. 
Austin was selected. 
On University Hill, 
that had forty years before been chosen, a beautiful 
building was erected. The University opened in 1883. 
Its faculty is one of the finest in the United States. 

Asylums. — The eighteenth Legislature, guided by the 
recommendation of the Governor, made appropriations 
for the enlargement or improveiTient of all asylums, and 
established a second asylum for the insane at Terrell. 
This consumed much of the cash' balance ; but the 
money expended in such a manner did more good than 
it would have done lying idle in the treasury. 

Fence-cutters. — For many years the public lands of 
Texas had been a free pasture for thousands of cattle. 
In 1881 and 1882, this land was placed on the market. 
It sold rapidly, the buyers being mostly wealthy cattle 
men, who bought immense tracts. They at once began 



ERA OF THE STATE. 101 

building wire fences about their projjerty. The country 
was so sparsely settled that there was no one to keep 
the " cattle kings " from doing as they pleased ; hence it 
happened that often they did not stop Avith fencing their 
own land ; hundreds of acres of school land were fenced. 
Few roads were left. Small lots belonging to poor men 
were either inclosed in these large fences, or they were 
so cut off from all roads as to be worthless. At length, 
a strong feeling arose against the cattle men ; their 
fences were cut again and again. In January, 1884, the 
Governor called a special session of the Legislature to 
settle the troubles. It was decided that all public roads 
must be left open ; that gates must be left every three 
miles ; that private parties whose land had been fenced 
without their consent should have full redress ; that 
fence-cutting should be considered a felony. As soon as 
it was seen that the Governor intended to execute these 
laws to the letter, the troubles ceased. 

Greer County Question. — The strip of land known as 
Greer County, was considered a portion of the Texas 
Republic, but as early as 1859 the United States made 
claim to the same. In 1819, a treaty had been drawn up 
between the United States and Mexico defining their 
boundary line : the Red River formed a portion of the 
boundary. When, in years after, this river was more fully 
explored, it was found to have two forks. Texas claimed 
the north fork to be the principal fork, and hence the 
Red River meant in the treaty. This would bring Greer 
County in Texas. The United States claimed the south 



162 GREER COUNTY QUESTION. 

fork to be the one meant by the treaty, and this throws 
Greer County north of Texas, in the Indian Territory. 
As the county became more thickly settled, the question 
increased in importance. In 1885, Congress decided to 
have four Commissioners appointed by the President to 
meet four Commissioners from Texas, in order that the 
matter might be settled. The Texas Legislature agreed. 
Governor Ireland appointed J. T. Brackenridge, W. S. 
Herndon, William Burges, and Geo. K. Freeman to rep- 
resent Texas. The Commissioners met, February 23, 
1886, and spent several weeks in carefully investigating 
the naatter. When the final vote came, the four United 
States Commissioners favored the south fork as the Red 
River of the treaty, while the four Texas Commissioners 
favored the north fork.* The question still remains un- 
decided. President Cleveland has this year issued a proc- 
lamation, warning settlers against buying property in 
Greer County, as, if the land be proved to belong to the 
United States, their titles will be void. 

* Extract from Colonel Herndori's Argument .•—'■^ YThew the subject is tinderstood, 
the United States will abandon her claim, set up by Indian agents and land specu- 
lators, and quiet Texas in the title and possession of this territory. We submit 
under this view that Texas acquired a good and valid title to all the territory 
rightfully claimed and included within the limit of the Repiiblic of Texas on the 
29th day of December, 1845, the day that the Republic of Texas ceased to exist, 
and her territory became one of the States of the Union ; and that the United 
States eliminated the question of boundary from further dispute between Texas 
and other governments, and guaranteed to Texas the peaceable possession and 
right to dispose of her lands as she may deem proper. These solemn acts of the 
two governments referred to, ending in the annexation of Texas as a State of the 
Union for the considerations named therein, constitute the title-deed of Texas to 
the county of G-reer, the territory now in dispute, and the United States is es- 
topped from re-opening this question and setting up a claim to this territory." 



EKA OF THE STATE. 168 

ROSS' ADMINISTRATION.* 

(1887- ) 

Prohibition. — The twentieth Legislature decided to sub- 
mit to the people an amendment to the State Constitution, 
prohibiting the sale of intoxicating liquors in Texas. 
After one of the most exciting campaigns in the history 
of the State, the amendment was defeated, August, 1887. 

Drought. — The summer of 1887 will long be remem- 
bered on account of the terrible drought that cursed 
Texas, especially in the west. Crops were literally burnt 
up ; cattle suffered intensely ; many settlers were forced 
to seek new homes. 

Our New Capitol. — In 1875, the Constitutional Con- 
vention appropriated three million acres of land for 
building a new capitol. The burning of the old capitol, 
in 1881, made the proposed structure an immediate ne- 
cessity; accordingly the work was begun in 1883. On 
March 2, 1885, in the presence of an immense crowd, 
the corner-stone was laid Avith all due ceremony ; the 

* General L. S. Ross was born in Ohio, in the year 1838. His father soon 
after moved to Texas. Young Hoss was noted from his early boyhood for his 
bravery in fighting the Indians. When only nineteen years of age, while he was 
at home for the summer's vacation, he led an attack against the savage Coman- 
ches ; he afterward won wide-spread fame by the defeat of the Comanches and 
the capture of Cynthia Ann Parker. He entered the Civil War as a private, but 
was rapidly promoted until, at twenty-five, he was a Brigadier-general, the 
youngest in the army. In 1875, he was a member of the Constitutional Con- 
vention. In 1880, he was in the State Senate, and was Chairman of the Com- 
mittee on Finance. He had often been solicited to become a candidate for 
Q-overnor, but always refused until 1886, when he was nominated by a hand- 
some majority. As a G-overnor he has won great popularity among the people, 
and proved himself worthy of their trust. 








GOVERNOK L. S. KOSS. 



ERA OF THE STATE. 165 

dedication took place in May, 1888. The edifice is one 
of which any State might well be proud. It is built 
of granite, is three stories above the basement, is five 
hundred and sixty feet long, and two hundred and 
eighty-eight feet broad ; the dome rises majestically to a 
height of three hundred and eleven feet. It is only sec- 
ond in size to the capitol at Washington, and is the 
seventh largest building in the world. The capitol is 
heated by steam, lighted by electricity, and provided 
with every modern convenience. The Legislature in 
1888 appropriated a sum sufficient to furnish the build- 
ing as the pride of Texas demanded. 

Immigration Movement. — Strong efforts are now being 
made (August, 1888) to bring more immigrants into 
Texas. Clubs are being organized all over the State, 
whose duty it is to arouse public interest, to scatter 
abroad literature showing the advantages of Texas, to 
send out speakers to other States ; in short, to do every 
thing to make the movement a success. The railroads 
have promised to give reduced rates, and to extensively 
advertise "Texas Excursions." The probabilities are that 
1888 will bring to our State more people than any pre- 
vious year. 

Conclusion. — When one looks backward over Texas 
history, he sees much for which we should be grateful to 
the Great Father above. During even the last eighteen 
years wonderful changes have taken place ; cities have 
sprung up on all sides. The population was then eight 
hundred eighteen thousand five hundred and seventy-nine, 



166 BLACKBOARD ANALYSIS. 

but we now number two and a half millions. Wealth 
has poured into our coffers ; railroads were then in their 
infancy, but now the iron horse rushes on his fiery course 
to nearly every portion of the State. Public education 
has made decided progress, but there still remains much 
in this line to be done. Let the boys and girls of this 
generation fit themselves to take up the duties that must 
soon fall upon their shoulders ; let them learn to love 
their State wisely, not blindly ; seeing her needs and 
filling them ; let them resolve that education shall be as 
free as the sunlight that floods our Italian skies ; let 
these things be done, and our Texas shall shine forth 
not as the '^Lone Star," but as Yenus, the brilliant 
morning star, in the firmament of the Red, White, and 
Blue. 

BLACKBOARD ANALYSIS. 

I. Henderson's Admin- ( 1. Condition of Texas. 

isTRATioN, 1846-1847. 1 2. War between U. S. and Mex.. i ^- „ "^'f; 

lb. Result. 

H. Wood's Administra- ( 1. Debt. 

TioN, 1847-1849 \ 2. Boundary Troubles. 



m. Bell's Administra- I. -^ rp^^^g gg„g j, Part of her Territory. 
TiON, 1849-1853 » 



IV. J.W. Henderson's Administration, 1853. 

V. Pease's Administra- r ^ All Debts T>aid. 

TION, 1853-1857 i I ^^,^^T^^^^- 

I 3. School Fund. 

VT. Runnels' Administration, 1857-1859. 



r 1. Condition of Texas. 
VH. Houston's Administra- J 2. Cortina. 

TioN, 1859-1861 j 3. Secession. 

'^ 4. Hoviston Bemoved. 



ERA OF THE STATE. 



167 



m 



Vni. Clarke's Administra- \ 



TION, 1861. 



1. Preparations for "War, 



r 1. Sibley Expedition. 
IX. Lubbock's Administra- 1 2. Capture of Galveston. 

TION, 1861-1863 I 3. Battle of Sabine Pass. 

^ 4. Houston's Death. 

f 1. Few Battles in Texas. 

X. Hurrah's Administra- j \ ^rop^ ^^ Manufactures. 

TION, 1863-1865 I ^^''^'^;??- w 

' 4. Close of the War. 

i 5. Governor Plees to Mexico. 

XI. Hamilton's Adminis- ( 1. Finances. 

TRATiON, 1865-1866. . . ( 2. Reconstruction Convention. 

XH. Throckmorton's Ad- ^ , -Kr■^•^. -r, i 
,___ 1. Military Rule. 
ministration, 1866- }■ „ r-, -□ -, 

- „„„ ' I 2. Governor Removed. 

18b/ J 

Xlli. P E A s E ' s Administra- | 1. Hancock. 

TION, 1867-1869 1 2. Constitutional Convention. 

r 1. Texas Re-admitted to Union. 
XrV. Davis' Administra- J 2. Disabilities Removed. 

TION, 1870-1874 1 3. Immigration and Railroads. 

'^ 4. Stormy Election Scenes. 

XV. Coke's Administra- f J- ^^^^^^^^l^ifs ; How Met. 

TION 1874-1876.. ' Constitutional Convention. 

' ' t 3. Agricultural and Mechanical College 

XVI. Hubbard's Admin- f ]■ Penitentiaries. 

iSTRATioN, 1876-1879. i ^- Je.^t and Immigration. 
L 3. Crime Punished. 



XVH. Roberts' Administra- 
tion, 1879-1883 



1. Governor's Policy. 

2. State Xormal. 

3. Capitol Burned. 



XVTH. Ireland's Administra- 
tion, 1883-1887 



1. School Laws. 

2. University. 

3. Pence-cutters. 

4. Greer County Question. 



XIX. Ross' Administration, 
1887 



1. New Capitol. 

2. Drought, 



CONSTITUTION 



STATE OF TEXAS. 

ADOPTED BY THE CONSTITUTIONAL CONATENTION COlSrVTENED AT 

AUSTIN, SEPTEMBER 6, 1875, AND RATIEIED BY THE 

PEOPLE, FEBRUARY 15, 1876. ' 



PREAMBLE. 

Humbly invoking the blessing of Almighty God, the people of the 
State of Texas do ordain and establish this Constitution. 

ARTICLE I. 

BILL OF RIGHTS. 

That the general, great, and essential principles of liberty and 
free government may be recognized and established, we declare : 

Section 1. Texas is a free and independent State, subject only to 
the Constitution of the United States; and the maintenance of our 
free institutions and the perpetuity of the Union depend upon the 
preservation of the right of local self-government unimpaired to all 
the States. 

Sec. 2. All political power is inherent in the people, and all free 
governments are founded on their authority, and instituted for their 
benefit. The faith of the people of Texas stands pledged to the pres- 
ervation of a republican form of government, and, subject to this 
limitation only, they have at all times the inalienable right to alter, 

1. "When was this Constitution adopted? 

Section I.— 1. To what is Texas subject? 2. On what does the L^nion depend ? 
Sec. II.— 1. What right have the people at all times? 2, "What is said of a 
republican form of government? 



170 CONSTITUTIOISr OF TEXAS. 

reform, or abolish their government in such manner as they may 
think expedient. 

Sec. 3. All free men, when they form a social compact, have 
equal rights, and no man, or set of men, is entitled to exclusive 
separate public emoluments, or privileges, but in consideration of 
public services. 

Sec. 4. iSJ'o religious test shall ever be required as a qualification 
to any office, or public trust, in this State ; nor shall any one be ex- 
cluded from holding office on account of his religious sentiments, 
provided he acknowledge the existence of a Supreme Being. 

Sec. 5. No person shall be disqualified to give e^adence in any of 
the courts of this State on account of his religious opinions, or for 
the want of any religious belief, but all oaths or affirmations shall be 
administered in the mode most binding upon the conscience, and shall 
be taken subject to the pains and penalties of perjury. 

Sec. 6. All men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences. No 
man shall be compelled to attend, erect, or support any place of 
worship, or to maintain any ministry, against his consent. No hu- 
man authority ought, in any case whatever, to control or interfere 
with the rights of conscience in matters of religion, and no preference 
shall ever be given by law to any religious society or mode of wor- 
ship. But it shall be the duty of the Legislature to pass such laws 
as may be necessary to protect equally every religious denomination 
in the peaceable enjoyment of its own mode of public worship. 

Sec. 7. No money shall be appropriated or drawn from the 
treasury for the benefit of any sect, or religious society, theological 
or religious seminary ; nor shall property belonging to the State be 
appropriated for any such purposes. 

Sec. hi.— 1. Q-ive Section 3 in your owna words. 

Sec. IV.— 1. "What is said of religious tests? 2. Can an atheist hold oflEice in 
Texas ? 

Sec. v.— 1. Explain the meaning of Section 5. 2. Give all the different 
modes you know of administering oaths. 

Sec. "VT.— 1. "What natural right have all men? 2. "What shall no man be 
compelled to do? 3. "What is the duty of the Legislature regarding all religious 
denominations ? 

Sec. "V^II,— 1, "What financial aid may religious schools receive from the State? 



CONSTITUTION" OF TEXAS. 171 

Sec. 8. Every person shall be at liberty to speak, write, or pub- 
lish his opinions on any subject, being responsible for the abuse of 
that privilege ; and no law shall ever be passed curtailing the liberty 
of speech or of the press. In prosecutions for the publication of 
papers investigating the conduct of officers or men in public capacity, 
or when the matter published is proper for public information, the 
truth thereof may be given in evidence. And in all indictments for 
libels the jury shall have the right to determine the law and the 
facts, under the direction of the court, as in other cases. 

Sec. 9. The people shall be secure, in their persons, houses, pa- 
pers, and possessions, from all unreasonable seizures or searches, and 
no warrant to search any place, or to seize any person or thing, 
shall issue without describing them as near as may be, nor without 
probable cause, supported by oath or affirmation. 

Sec. 10. In all criminal prosecutions, the accused shall have a 
speedy public trial by an impartial jury. He shall have the right to 
demand the nature and cause of the accusation against him, and to 
have a copy thereof. He shall not be compelled to give evidence 
against himself. He shall have the right of being heard by himself 
or counsel, or both ; shall be confronted with the witnesses against 
him, and shall have compulsory process for obtaining witnesses in 
his favor. And no person shall be held to answer for a criminal 
offense, unless on indictment of a Grand Jury, except in cases in 
which the punishment is by fine or imprisonment otherwise than in 
the penitentiary, in cases of impeachment, and in cases arising in 
the army or navy, or in the militia, when in actual service in time 
of war or public danger. 

Sec. 11. All prisoners shall be bailable by sufficient sureties, 
unless for capital offenses, when the proof is evident; but this pro- 

Sec. Vm.— 1. "What is said of tlie liberty of speech? 2. Is this privilege 
ever abused? 3. How may the person slandered obtain justice? 

Sec. IX. — 1. "Wliat three things must be done before a search warrant can be 
issued? 

Sec. X.— 1. What is meant by an "impartial jury"? 2. Name five rights of 
every one accused of crime. 3. When is an indictment of a Grand Jury unnec- 
essary? When necessary? 

Sec XI.— 1. When is bail refused:' 2. Show what is meant by giving bail. 
Illustrate by example. 



172 CONSTITUTION OF TEXAS. 

vision shall not be so construed as to prevent bail after indictment 
found, upon examination of the evidence in such manner as may be 
prescribed by law. 

Sec. 12. The writ of habeas corpus is a writ of right, and shall 
never be suspended. The Legislature shall enact laws to render the 
remedy speedy and effectual. 

Sec. 13. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel or unusual punishment inflicted. All courts shall 
be open, and every person, for an injury done him in his lands, 
goods, person, or reputation, shall have remedy by due course of 
law. 

Sec. 14. jSTo person, for the same offense, shall be twice put in 
jeopardy of life or liberty ; nor shall a person be again put upon 
trial for the same offense after a verdict of not guilty in a court of 
competent jurisdiction. 

Sec. 15. The right of trial by jury shall remain inviolate. The 
Legislature shall pass such laws as may be needed to regulate the 
same, and to maintain its purity and efficiency. 

Sec. 16. No bill of attainder, ex post facto law, retroactive law, 
or any law impairing the obligation of contracts, shall be made. 

Sec. 17. No person's property shall be taken, damaged, or de- 
stroyed for or applied to public use without adequate compensation 
being made, unless by the consent of such person ; and, when taken, 
except for the use of the State, such compensation shall be first 
made, or secured by a deposit of money ; and no irrevocable or un- 
controllable grant of special privileges or immunities shall be made ; 
but all privileges and franchises granted by the Legislature, or created 
under its authority, shall be subject to the control thereof. 

Sec. XII.— 1. What is a writ of habeas cor-pitsf 2. Did any Governor of Texas 
ever suspend this right? 

Sec. XIII.— 1. What is said of excessive bail? 2. Why should all cotirts be 
open? 3. Explain "due course of law." 

Sec. XTV.— 1. Give Section 14 in your own words. 

Sec. XV.— 1. Give Section 15 in your own words. 

Sec. XVI.— 1. What is a "bill of attainder"? 2. An "ere post facto law"? 3. 
A "retroactive law"? 

Sec. XVII.— 1. What is said of private property? 2. Is this law observed in 
times of war? 3. What grants are forbidden? 



CONSTITUTION" OF TEXAS. 173 

Sec. 18. No person shall ever be imprisoned for debt. 

Sec. 19. No citizen of this State shall be deprived of life, liberty, 
property, privileges, or immunities, or in any manner disfranchised, 
except by the due course of the law of the land. 

Sec. 20. No person shall be outlawed ; nor shall any person be 
transported out of the State for any offense committed within the 
same. 

Sec. 21. No conviction shall w^ork corruption of blood, or forfeiture 
of estate ; and the estates of those who destroy their own lives shall 
descend or vest as in case of natural death. 

Sec. 22. Treason against the State shall consist only in lev^ying 
war against it, or adhering to its enemies, giving them aid and com- 
fort ; and no person shall be convicted of treason except on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

Sec 23. Every citizen shall have the right to keep and bear 
arms in the lawful defense of himself or the State ; but the Legis- 
lature shall have power by law to regulate the wearing of arms, with 
a view to prevent crime. 

Sec 24. The military shall at all times be subordinate to the 
civil authority. 

Sec 25. No soldier shall, in time of peace, be quartered in the 
house of any citizen without the consent of the owner, nor in time 
of war, but in a manner prescribed by law. 

Sec. XVm.— 1. Give Section 18. 2. What English novelist wrote a book 
showing the evils of imprisonment for debt? 

Sec. XIX.— 1. Explain Section 19. 

Sec. XX.— 1. What is the meaning of "outlawed"? 2. Give reason for second 
clause in the section. 

Sec. XXI.— 1. Explain "corruption of blood " and "forfeiture of estate." 2. 
What was the old English law on this point? 3. What is said of the property 
of suicides? 

Sec. XXII.— 1. In what does treason consist? 2. What is necessary to con- 
vict a person of treason? 

Sec XXm.— 1. Give Section 23 in your own words. 

Sec. XXIV.— 1. During whose administrations was the reverse of this section 
true? 

Sec. XXV.— 1. Can your father be farced to-morrow to receive a soldier as 
his guest? 



174 dONSTlTUTIOlC OF TEXAF^. 

Sec. 26. Perpetuities and monopolies are contrary to the genius 
of a free government, and shall never be allowed ; nor shall the law 
of primogeniture or entailments ever be in force in this State. 

Sec. 27. The citizens shall have the right, in a peaceable manner, 
to assemble together for their common good, and apply to those in- 
vested with the power of government for redress of grievances or 
other purposes, by petition, address, or remonstrance. 

Sec. 28. No power of suspending laws in this State shall be ex- 
ercised except by the Legislature. 

Sec. 29. To guard against 'transgressions of the high powers 
herein delegated, we declare that everything in this "Bill of Rights" 
is excepted out of the general powers of government, and shall for- 
ever remain inviolate, and all laws contrary thereto, or to the fol- 
lowing provisions, shall be void. 

ARTICLE II. 

THE POWERS OF GOVERNMENT. 

Section 1. The powers of the government of the State of Texas 
shall be divided into three distinct departments, each of which shall 
be confided to a separate body of magistracy, to wit : Those which are 
legislative to one, those which are executive to another, and those 
which are judicial to another ; and no person, or collection of per- 
sons, being of one of these departments, shall exercise any power 
properly attached to either of the others, except in the instances 
herein expressly permitted. 

ARTICLE III. 
legislative department. 
Section 1. The legislative power of this State shall be vested in 
a Senate and House of Representatives, which together shall be styled 
"The Legislature of the State of Texas." 

Sec. XXVI —1. Kame four things prohibited in this section. 2. Explain each. 
Sec. XXVII.— 1. What rights are here granted the citizens? 
Sec. XXVIII.— 1. Who only may suspend laws? 
Sec. XXIX.— 1. Explain this section. 

Sec. I.— 1. Name the three departments of the government of Texas. 
Sec. I.— 1. In what is the legislative power invested? 2. What is meant by 
the legislative power? 



CONSTITUTIOJT OF TEXAS. 175 

Sec. 2. The Senate shall consist of thirty-one members, and shall 
never be increased above this number. The House of Representatives 
shall consist of ninety-three members until the first apportionment 
after the adoption of this Constitution, when, or at any apportion- 
ment thereafter, the number of Representatives may be increased by 
the Legislature, upon the ratio of not more than one Representative 
for every fifteen thousand inhabitants ; provided, the number of Rep- 
resentatives shall never exceed one hundred and fifty. 

Sec. 3. The Senators shall be chosen by the qualified electors for 
the term of four years ; but a new Senate shall be chosen after every 
apportionment, and the Senators elected after each apportionment 
shall be divided by lot into two classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the first two 
years, and those of the second class at the expiration of four years, 
so that one half of the Senators shall be chosen biennially thereafter. 

Sec. 4. The members of the House of Representatives shall be 
chosen by the qualified electors, and their term of office shall be two 
years from the day of their election. 

Sec 5. The Legislature shall meet every two years, at such time 
as may be provided by law, and at other times, when convened by 
the Governor. 

Sec 6. No person shall be a Senator, unless he be a citizen of 
the United States, and at the time of his election a qualified elector 
of this State, and shall have been a resident of this State five years 
next preceding his election, and the last year thereof a resident of 
the district for which he shall be chosen, and shall have attained the 
age of twenty-six years. 

Sec 7. No person shall be a Representative, unless he be a citizen 
of the United States, and at the time of his election a qualified elector 

Sec. n.— 1. How many Sexaators are there? 2. Wliat is the limit of the 
number of Representatives? 3. Number now? 

Sec. m.— 1. How long is a Senator's term? 2. Explain the last sentence in 
the section. 

Sec. rv.— 1. How long does a Representative serve? 

Sec. v.— 1. How often must the Legislature meet? 2. What power has the 
Governor? 

Sec. VT.— 1. Give towv qualifications of a Senator. 

Sec. VH.— 1. Give four qualifications of a Representative. 



176 CONSTITUTION OF TP^XAS. 

of this State, and shall have been a resident of this State two years 
next preceding his election, the last year thereof a resident of the 
district for which he shall be chosen, and shall have attained the age 
of twenty-one years. 

Sec. 8. Each House shall be the judge of the qualifications and 
election of its own meinbers ; but contested elections shall be deter- 
mined in such manner as shall be provided by law. 

Sec. 9. The Senate shall, at the beginning and close of each 
session, and at such other times as may be necessary, elect one of its 
members President pro tempore, who shall perform the duties of the 
Lieutenant-governor in any case of absence or disability of that officer, 
and whenever the said office of Lieutenant-governor shall be vacant. 
The House of Representatives shall, when it first assembles, organize 
temporarily, and thereupon proceed to the election of a Speaker from 
its own members ; and each House shall choose its other officers. 

Sec. 10. Two thirds of each House shall constitute a quorum to 
do business, but a smaller number may adjourn from day to day, 
and compel the attendance of absent members, in such manner and 
under such penalties as each House may provide. 

Sec. 11. Each House may determine the rules of its own proceed- 
ings, punish members for disorderly conduct, and, with the consent 
of two thirds, expel a member, but not a second time for the same 
offense. 

Sec. 12. Each House shall keep a journal of its proceedings, and 
publish the same ; and the yeas and nays of the members of either 
House on any question shall, at the desire of any three members 
present, be entered on the journals. 

Sec. 13. When vacancies occur in either House, the Governor, or 
the person exercising the power of the Glovemor, shall issue writs of 

Sec. Viii.— 1. State this section in yotir own "words. 

Sec. IX.— 1. Why is it necessary to have a President pro tempore of the 
Senate? 2. Who is now the Speaker of the Honse, or who was the last one? 

Sec. X.— 1. What part of each House is required for a quorum? 2. How 
may members be forced to attend ? 

Sec. XI.— 1. Give three rights accorded to each House. 

Sec. Xn.— 1. Explain what is meant by " yeas " and " nays." 2. Q-ive the 
benefits arising from this section. 

Sec. Xni.— 1. How are vacancies in the Legislatiire filled? 



CONSTITUTION^ OF TEXAS. 177 

election to fill such vacancies ; and should the Governor fail to issue 
a writ of election to fill any such vacancy within twenty days after 
it occurs, the returning officer of the district in which such vacancy 
may have happened shall be authorized to order an election for that 
purpose. 

Sec. 14. Senators and Representatives shall, except in cases of 
treason, felony, or breach of the peace, be pri\ileged from arrest 
during the session of the Legislature, and in going to and returning 
from the same, allowing one day for every twenty miles such mem- 
ber may reside from the place at which the Legislature is convened. 

Sec. 15. Each House may punish, bj' imprisonment, during its 
sessions, any person not a member, for disrespectful or disorderly 
conduct in its presence, or for obstructing any of its proceedings ; 
provided, such imprisonment shall not, at any one time, exceed forty- 
eight hours. 

Sec. 16. The sessions of each House shall be open, except the 
Senate, when in executive session. 

Sec. 17. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
where the Legislature maj be sitting. 

Sec. 18. No Senator or Representative shall, during the term for 
which he may be elected, be eligible to any civil office of profit 
under this State which shall have been created or the emoluments 
of which may have been increased during such term ; no member of 
either House shall, during the term for which he is elected, be eligi- 
ble to any office or place, the appointment to which may be made, 
in whole or in part, by either branch of the Legislature; and no 
member of either House shall vote for any other member for any 
office whatever, which may be filled by a vote of the Legislature, 
except in such cases as are in this Constitution provided. Nor shall 

Sec. XrV.— 1. For what crimes may a legislator be arrested during the ses- 
sion of the Legislature? 2. Give reason for this section. 

Sec. XV.— 1. Give the section in your own words. 

Sec XVI.— 1. "What is meant by "executive session"? 

Sec. XVII.— 1. Give the section. 

Sec. XVUI.— 1. Name four privileges forbidden a legislator. 2. "Wliat are 
"emoluments"? 3. Show the necessity for this section. 



178 CONSTITUTIOK OF TEXAS. 

any member of the Legislature be interested, either directly or indi- 
rectly, in any contract with the State, or any county thereof, author- 
ized by any law passed during the term for which he shall have 
been elected. 

Sec. 19. No judge of any court. Secretary of State, Attorney- 
general, clerk of any court of record, or any person holding a lucra- 
tive office under the United States, or this State, or any foreign 
government, shall, during the term for which he is elected or ap- 
pointed, be eligible to the Legislature. 

Sec. 20. No person who at any time may have been a collector 
of taxes, or who may have been otherwise intrusted with public 
money, shall be eligible to the Legislature, or to any office of profit 
or trust under the State government, until he shall have obtained a 
discharge for the amount of such collections, or for all public moneys 
with which he may have been intrusted. 

Sec. 21. No member shall be questioned in any other place for 
words spoken in debate in either House. 

Sec. 22. A member who has a personal or private interest in 
any measure or bill, proposed, or pending before the Legislature, 
shall disclose the fact to the House of which he is a member, and 
shall not vote thereon. 

Sec. 23. If any Senator or Representative remove his residence 
from the district or county for which he was elected, his office shall 
thereby become vacant, and the vacancy shall be filled as provided 
in Section 13 of this Article. 

Sec. 24. The members of the Legislature shall receive from the 
public treasury such compensation for their services as may, from 
time to time, be provided by law, not exceeding five dollars per day 
for the first sixty days of each session ; and after that not exceeding 
two dollars per day for the remainder of the session ; except the first 

Sec. XIX.— 1. Who are ineligible to the Legislature? 
Sec. XX.— 1. Can a tax collector become a legislator? 
Sec. XXI.— 1. Give reason for this section. 

Sec. XXII.— 1. Give a practical example illustrating Section 22. 
Sec XXIII.— 1. Is this a wise law? 2. "Why? 

Sec. XXIV.— 1. What salary do the legislators receive? 2. What is meant 
by "mileage"? 3. Under what circumstances does a member receive no mileage ? 



CONSTITUTION OF TEXAS. 179 

session held under this Constitution, when they may receive not ex- 
ceeding four dollars per day for the first ninety days, and after that 
not exceeding two dollars per day for the remainder of the session. 
In addition to the per diem the members of each House shall be en- 
titled to mileage in going to and returning from the seat of govern- 
ment, which mileage shall not exceed five dollars for every twenty- 
five miles, the distance to be computed by the nearest and most 
direct route of travel by land, regardless of railways or water routes ; 
and the Comptroller of the State shall prepare and preserve a table 
of distances to each county seat now or hereafter to be established, 
and by such table the mileage of each member shall be paid ; but 
no member shall be entitled to mileage for any extra session that 
may be called within one day after the adjournment of a regular or 
called session. 

Sec. 25. The State shall be divided into senatorial districts of 
contiguous territory, according to the number of qualified electors, 
as nearly as may be, and each district shall be entitled to elect 
one Senator, and no single county shall be entitled to more than one 
Senator. 

Sec. 26. The members of the House of Representatives shall be 
apportioned among the several counties, according to the number of 
population in each, as nearly as may be, on a ratio obtained by 
dividing the population of the State, as ascertained by the most re- 
cent United States census, by the number of members of which the 
House is composed ; provided, that whenever a single county has 
suflficient population to be entitled to a Representative, such county 
shall be formed into a separate representative district, and when two 
or more counties are required to make up the ratio of representation, 
such counties shall be contiguous to each other; and when any one 
county has more than sufficient population to be entitled to one or 
more Representatives, such Representative or Representatives shall be 
apportioned to such county, and for any surplus of population it may 

Sec. XXV.— 1. WTiat is said of senatorial districts? 2. "WTiich counties have 
two Senators? 

Sec. XXVI.— 1. Give the plan for apportioning the Representatives. 2. When 
does one county form an entire representative district? 3. Could Brazos and 
Tom Grreen counties be formed into one district? Why? 



180 CONSTITUTION OF TEXAS. 

be joined in a representative district with any other contiguous 
county or counties. 

Sec. 27. Elections for Senators and Representatives shall be gen- 
eral throughout the State, and shall be regulated by lavi^. 

Sec. 28. The Legislature shall, at its first session after the publica- 
tion of each United States decennial census, apportion the State into 
senatorial and representative districts, agreeably to the provisions of 
Sections 25 and 26 of this Article ; and until the next decennial cen- 
sus, when the first apportionment shall be made by the Legislature, 
the State shall be and it is hereby divided into senatorial and repre- 
sentative districts, as provided by an ordinance of the Convention on 
that subject, 

PROCEEDINGS. 

Sec. 29. The enacting clause of all laws shall be: " Be it enacted 
by the Legislature of the State of Texas." 

Sec. 30. No law shall be passed except by bill, and no bill shall 
be so amended in its passage through either House as to change its 
original purpose. 

Sec. 31. Bills may originate in either House, and when passed 
by such House, may be amended, altered, or rejected by the other. 

Sec. 32. No bill shall have the force of law until it has been read 
on three several days in each House, and free discussion allowed 
thereon ; but in cases of imperative public necessity (which necessity 
shall be stated in a preamble, or in the body of the bill), four fifths 
of the House in which the bill may be pending may suspend this 
rule, the yeas and nays being taken on the question of suspension, 
and entered upon the journals. 

Sec. 33. All bills for raising revenue shall originate in the House 

Sec. XXVII.— 1. G-ive the section. 

Sec. XXVIII.— 1. How often does the Legislature apportion the State into 
districts ? 2. When will the next apportionment be made ? 

Sec. XXIX.— 1. What is meant by "the enacting clause"? 

Sec. XXX.— 1. Explain Section 30. 

Sec XXXI.-l. AVhat is said of "Bills"? 

Sec. XXXII.— 1. When only may a bill have the force of law? 2. What ex- 
ception is made? 

Sec, XXXITI.— 1. What bills must originate in the House? 



CONSTITUTION OF TEXAS. 1^1 

of Representatives, but the Senate may amend or reject them as 
other bills. 

Sec. 34. After a bill has been considered and defeated by either 
House of the Legislature, no bill containing the same substance shall 
be passed into a law during the same session. After a resolution 
has been acted on and defeated, no resolution containing the same 
substance shall be considered at the same session. 

Sec. 35. No bill (except general appropriation bills, which may 
embrace the various subjects and accounts for and on account of 
w-hich moneys are appropriated) shall contain more than one subject, 
which shall be expressed in its title. But if any subject shall be em- 
braced in an act which shall not be expressed in the title, such act 
shall be void only as to so much thereof as shall not be so expressed. 

Sec. 36. No law shall be revived or amended by reference to its 
title ; but in such case the act revived or the section or sections 
amended shall be re-enacted and published at length. 

Sec. 37. No bill shall be considered, unless it has been first re- 
ferred to a committee and reported thereon ; and no bill shall be 
passed which has not been presented and referred to and reported 
from a committee at least three days before the final adjournment 
of the Legislature. 

Sec. 38. The presiding oflScer of each House shall, in the pres- 
ence of the House over which he presides, sign all bills and joint 
resolutions passed by the Legislature, after their titles have been 
publicly read before signing ; and the fact of signing shall be entered 
on the journals. 

Sec. 39. No law passed by the Legislature, except the general 
appropriation act, shall take effect or go into force until ninety days 

Sec. XXXIV.— 1. ^\Tiat is said of defeated bills and resolutions? 

Sec. XXXV.— 1. Explain clearly the first sentence in this section. 2. ^\liat 
is the consequence if this law he violated? 

Sec XXXVI.— 1. Explain the section. 

Sec. XXXVII.— 1. What is necessary before a bill may be considered? 2. 
Before it may be passed? 

Sec XXXVm.— 1. ^\Tiat is the duty of the presiding officer regarding bills* 
2. Why should this be done publicly ? 

Sec XXXIX.— 1. When will the laws made by the twenty-first Legislature go 
into effect? 2, Is there any exception to this law? 



182 CONSTITUTION OF TEXAS. 

after the adjournment of the session at which it was enacted, unless 
in case of an emergency, which emergency must be expressed in a 
preamble or in the body of the act, the Legislature shall, by a vote 
of two thirds of all the members elected to each House, otherwise 
direct ; said vote to be taken by yeas and nays, and entered upon 
the journals. 

Sec. 40. When the Legislature shall be convened in special ses- 
sion, there shall be no legislation upon subjects other than those 
designated in the proclamation of the Governor calling such session, 
or presented to them by the G-overnor ; and no such session shall be 
of longer duration than thirty days. 

Sec. 41. In all elections by the Senate and House of Representa- 
tives, jointly or separately, the vote shall be given viva voce, except 
in the election of their officers. 

REQUIREMENTS AND LIMITATIONS. 

Sec. 42. The Legislature shall pass such law^s as may be neces- 
sary to carry into effect the provisions of this Constitution. 

Sec. 43. The first session of the Legislature under this Constitu- 
tion shall provide for revising, digesting, and publishing the laws, 
civil and criminal ; and a like revision, digest, and publication may 
be made every ten years thereafter ; provided, that in the adoption 
of and giving effect to any such digest or revision, the Legislature 
shall not be limited by Sections 35 and 36 of this Article. 

Sec. 44. The Legislature shall provide by law for the compensa- 
tion of all officers, servants, agents, and public contractors, not pro- 
vided for in this Constitution, but shall not grant extra compensation 
to any officer, agent, servant, or public contractors, after such public 
service shall have been performed or contract entered into for the 
performance of the same ; nor grant, by appropriation or otherwise. 

Sec. XL.— 1. Who calls a special session of ttie Liegislature ? 2. Upon what 
subject only may laws be made in a special session ? 3. How long may it last ? 

Sec. XLiI.— 1. Define " viva voce.'''' 2. Grive reason for this section. 

Sec. XLH.— 1. Give the section. 

Sec. XLHI.— 1. What were the duties of the first Legislature that met after 
February, 1876? 

Sec. XLIV.— 1. Name the various items forbidden the Legislature. 



CONSTITUTION OF TEXAS. 183 

any amount of money out of the treasury of the State, to any indi- 
vidual, on a claim, real or pretended, when the same shall not have 
been provided for by pre-existing law ; nor employ any one in the 
name of the State unless authorized by pre-existing law. 

Sec. 45. The power to change the venue in civil and criminal 
cases shall be vested in the courts, to be exercised in such manner 
as shall be provided by law ; and the Legislature shall pass laws for 
that purpose. 

Sec. 46. The Legislature shall, at its first session after the adop- 
tion of this Constitution, enact effective vagrant laws. 

Sec. 47. The Legislature shall pass laws prohibiting the estabhsh- 
ment of lotteries and gift enterprises, in this State, as well as the 
sale of tickets in lotteries, gift enterprises, or other evasions involving 
the lottery principle, estabhshed or existing in other States. 

Sec. 48. The Legislature shall not have the right to levy taxes 
or impose burdens upon the people, except to raise revenue sufficient 
for the economical administration of the government, in which may 
be included the following purposes: 

The payment of all interest upon the bonded debt of the State ; 
The erection and repairs of public buildings ; 

The benefit of the sinking fund, which shall not be more than 
two per centum of the public debt; and for the payment of the 
present floating debt of the State, including matured bonds for the 
payment of which the sinking fund is inadequate ; 

The support of public schools, in which shall be included colleges 
and universities established by the State; and the maintenance and 
support of the Agricultural and Mechanical College of Texas ; 

The payment of the cost of assessing and collecting the revenue ; 
and the payment of all officers, agents, and employees of the State 
government, and all incidental expenses connected therewith ; 

Sec. XL,V.— 1. What is meant by "change of venue"? 2. What bodies have 
the power to make such changes? 

Sec. XLVI.— 1. What are "vagrant laws"? 

Sec. XLVrr.— 1. Can you sell lottery tickets in Texas? 2. Can you buy lot- 
tery tickets in Texas? 

Sec. XLVm.— 1. Name the eight purposes for which the Legislature may 
levy taxes. 2. What is meant by " the bonded debt " ? 3. " Sinking fund " ? 4. 
"Floating debt"? 5. "Quarantine regulations"? 



184 CONSTITUTION OF TEXAS. 

The support of the Blind Asylum, the Deaf and Dumb Asylum, 
and the Insane Asylum, the State Cemetery, and the public grounds 
of the State ; 

The enforcement of quarantine regulations on the coast of Texas ; 

The protection of the frontier. 

Sec. 49. No debt shall be created by or on behalf of the State, 
except to supply casual deficiencies of the revenue, repel invasion, 
suppress insurrection, defend the State in war, or pay existing debt ; 
and the debt created to supply deficiencies in the revenue shall 
never exceed in the aggregate at any one time two hundred thou- 
sand dollars. 

Sec. 50. The 'Legislature shall have no power to give or to lend, 
or to authorize the giving or lending, of the credit of the State in 
aid of, or to any person, association, or corporation, whether munici- 
pal or other ; or to pledge the credit of the State in any manner 
whatsoever, for the payment of the liabilities, jDresent or prospective, 
of any individual, association of individuals, municipal or other cor- 
poration whatsoever. 

Sec. 51. The Legislature shall have no power to make any grant, 
or authorize the making of any grant, of public money to any indi- 
vidual, association of individuals, municipal or other corporation 
whatsoever ; provided, that this shall not be so construed as to pre- 
vent the grant of aid in case of public calamity. 

Sec. 52. The Legislature shall have no power to authorize any 
county, city, town, or other political corporation, or subdivision of 
the State, to lend its credit or to grant public money or thing of 
value, in aid of or to any individual, association, or corporation what- 
soever ; or to become a stockholder in such corporation, association, 
or company. 

Sec. 53. The Legislature shall have no power to grant, or to 

Sec. XLIX.— 1. When only may a debt be created by Texas? 2. Wbat is 
the limit? 

Sec. L..— 1. What has the Legislature no power to do? 

Sec. LI.— 1. What right had the Legislature to grant money to the drought 
sufferers ? 

Sec. lit.— 1. Explain Section 52. 

Sec. LIII.— 1. Explain Section 53. 2. A^Hiat is meant by " municipal author- 
ity " ? 



CONSTITUTION OF TEXAS. 185 

authorize any county or municipal authority to grant, any extra 
compensation, fee, or allowance to a public officer, agent, servant, or 
contractor, after service has been rendered, or a contract has been 
entered into, and performed in whole or in part ; nor pay, nor 
authorize the payment of, any claim created against any county or 
municipality of the State, under any agreement or contract, made 
without authority of law. 

Sec. 54. The Legislature shall have no power to release or alienate 
any lien held by the State upon any railroad, or in anywise change 
the tenor or meaning, or pass any act explanatory thereof ; but the 
same shall be enforced in accordance with the original terms upon 
which it was acquired. 

Sec. 55. The Legislature shall have no power to release or extin- 
guish, or to authorize the releasing or extinguishing, in whole or in 
part, the indebtedness, liability, or obligation of any incorporation or 
individual to this State, or to any county, or other municipal cor- 
poration therein. 

Sec. 56. The Legislature shall not, except as otherwise provided 
in this Constitution, pass any local or special law, authorizing : 

The creation, extension, or impairing of liens ; 

Regulating the affairs of counties, cities, towns, wards, or school 
districts ; 

Changing the name of persons or places ; changing the venue in 
civil or criminal cases ; 

Authorizing the laying out, opening, altering, or maintaining of 
roads, highways, streets, or alleys ; 

Relating to ferries and bridges, or incorporating ferry or bridge 
companies, except for the erection of bridges crossing streams which 
form boundaries between this and any other State ; 

Vacating roads, town plats, streets, or alleys ; 

Sec. LrV.— 1. Explain the meaning of "alienate any lien." 2. Explain the 
meaning of " change the tenor." 

Sec. LV.— 1. What is forbidden the Legislature in this section? 

Sec. L.VI.— 1. 'SAThat is meant by " changing the law of descent or succession " 7 
2. ^Tio are minors? 3. What persons are " under disability " ? 4. What are 
"grand juries"? 5. "Petit juries" ? 6. What special laws may be passed by the 
Legislature ? 



186 CONSTITUTIOX OF TEXAS. 

Relating to cemeteries, grave-yards, or public grounds not of the 
State ; 

Authorizing the adoption or legitimation of children ; 

Locating or changing county seats ; 

Incorporating cities, towns, or villages, or changing their charters ; 

For the opening and conducting of elections, or fixing or changing 
the places of voting ; 

Granting divorces ; 

Creating offices, or prescribing the powers and duties of officers, 
in counties, cities, towns, election, or school districts ; 

Changing the law of descent or succession ; 

Regulating the practice or jurisdiction of, or changing the rules of 
evidence in any judicial proceeding or inquiry before courts, justices 
of the peace, sheriffs, commissioners, arbitrators, or other tribunals, 
or providing or changing methods for the collection of debts, or the 
enforcing of judgments, or prescribing the effect of judicial sales of 
real estate ; 

Regulating the fees, or extending the powers and duties of alder- 
men, justices of the peace, magistrates, or constables ; 

Regulating the management of public schools, the building or re- 
pairing of school-houses, and the raising of money for such purposes ; 

Fixing the rate of interest ; 

Affecting the estates of minors, or persons under disability ; 

Remitting fines, penalties, and forfeitures, and refunding moneys 
legally paid into the treasury ; 

Exempting property from taxation ; 

Regulating labor, trade, mining, and manufacturing ; 

Declaring any named person of age ; 

Extending the time for the assessment or collection of taxes, or 
otherwise relieving any assessor or collector of taxes from the due 
performance of his official duties, or his securities from liability ; 

Griving effect to informal or invalid wills or deeds ; 

Summoning or impaneling grand or petit juries ; 

For limitation of civil or criminal actions ; 

For incorporating railroads or other work of internal improve- 
ments : 



CONSTITLTTlON OF TEXAS. 187 

And in all other cases where a general law can be made applica- 
ble, no local or special law shall be enacted ; provided, that nothing 
herein contained shall be construed to prohibit the Legislature from 
passing special laws for the preservation of the game and fish of this 
State in certain localities. 

Sec. 57. No local or special law shall be passed, unless notice of 
the intention to apply therefor shall have been published in the lo- 
cality where the matter or thing to be affected may be situated, 
which notice shall state the substance of the contemplated law, and 
shall be published at least thirty days prior to the introduction into 
the Legislature of such bill, and in the manner to be provided by 
law. The evidence of such notice having been pubUshed shall be ex- 
hibited in the Legislature before such act shall be passed. 

Sec. 58. The Legislature shall hold its sessions at the city of 
Austin, which is hereby declared to be the Seat of Grovemment. 

ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

Section 1. The Executive Department of the State shall consist 
of a Governor, who shall be the chief Executive Officer of the State, 
a Lieutenant-governor, Secretary of State, Comptroller of Public Ac- 
counts, Treasurer, Commissioner of the General Land Office, and At- 
torney-general. 

Sec 2. All the above officers of the Executive Department (ex- 
cept Secretary of State) shall be elected by the qualified voters of 
the State at the time and places of election for members of the 
Legislature. 

Sec 3. The returns of every election for said Executive Officers, 
until otherwise provided by law, shall be made out, sealed up, and 

Sec. Lj^TI.— 1. Give the requirements for the passage of a local law. 

Sec. LVin.— 1. What is Section 58? 

Sec. I.— 1. Who compose the Executive Department of Texas'? 

Sec. H.— 1. How are these officei*s chosen? 2. Who now fills each of these 
offices ? 

Sec. hi.— 1. What shall be done with the returns of the elections for execu- 
tive officers? 2. What shall the Speaker do with them? 3. Wliat shall be dune 
when two persons receive an equal number of votes? 



188 CONSTITUTION OF TEXAS. 

transmitted by the returning officers prescribed by law, to the seat of 
government, directed to the Secretary of State, who shall deliver the 
same to the Speaker of the House of Representatives, as soon as the 
Speaker shall be chosen; and the said Speaker shall, during the first 
week of the session of the Legislature, open and publish them in the 
presence of both Houses of the Legislature. The person, voted for at 
said election, having the highest number of votes for each of said 
oflaces respectively, and being constitutionally eligible, shall be de- 
clared by the Speaker, under sanction of the Legislature, to be 
elected to said office. But if two or more persons shall have the 
highest and an equal number of votes for either of said offices, one 
of them shall be immediately chosen to such office by joint vote of 
both Houses of the Legislature. Contested elections for either of said 
offices shall be determined by both Houses of the Legislature in joint 
session. 

Sec. 4. The Governor shall be installed on the first Tuesday after 
the organization of the Legislature, or as soon thereafter as practica- 
ble, and shall hold his office for the term of two years, or until his 
successor shall be duly installed. He shall be at least thirty years of 
age, a citizen of the United States, and shall have resided in this 
State at least five years immediately preceding his election. 

Sec. 5. He shall, at stated times, receive as compensation for his 
services an annual salary of four thousand dollars, and no more, and 
shall have the use and occupation of the Governor's mansion, fixtures, 
and furniture. 

Sec. 6. During the time he holds the office of Governor he shall 
not hold any other office, civil, military, or corporate ; nor shall he 
practice any profession, and receive compensation, reward, fee, or 
the promise thereof, for the same ; nor receive any salary, reward, 
or compensation, or the promise thereof, from any person or corpora- 
tion, for any service rendered or performed during the time he is 
Governor, or to be thereafter rendered or performed. 

Sec 7. He shall be commander-in-chief of the military forces of 

Sec. IV.— 1. Wlien does the Grovernor take his seat? 2. How long does he 
serve? 3. Give three necessary qualifications. 
Sec. v.— 1. State the section. 
Seo. VI.— 1. What is forbidden the Grovernor iu this section? 



CONSTITUTIOK OF TEXAS. 189 

the State, except when they are called into actual service of the 
United States. He shall have power to call forth the militia to exe- 
cute the laws of the State, to suppress insurrections, repel invasions, 
and protect the frontier from hostile incursions by Indians or other 
predatory bands. 

Sec. 8. The Governor may, on extraordinary occasions, convene 
the Legislature at the seat of government, or at a different place in 
case that should be in possession of the public enemy, or in case of 
the prevalence of disease thereat. His proclamation therefor shall 
state specifically the purpose for which the Legislature is convened. 

Sec. 9. The Governor shall, at the commencement of each session 
of the Legislature, and at the close of his term of office, give to the 
Legislature information, by message, of the condition of the State ; 
and he shall recommend to the Legislature such measures as he may 
deem expedient. He shall account to the Legislature for all public 
moneys received and paid out by him from any fund subject to his 
order, with vouchers ; and shall accompany his message with a state- 
ment of the same. And at the commencement of each regular session 
he shall present estimates of the amount of money required to be 
raised by taxation for all purposes. 

Sec. 10. He shall cause the laws to be faithfully executed ; and 
shall conduct, in person, or in such manner as shall be prescribed by 
law, all intercourse and business of the State with other States and 
with the United States. 

Sec. 11. In all criminal cases, except treason and impeachment, 
he shall have power, after conviction, to grant reprieves, commuta- 
tions of punishment, and pardons ; and, under such rules as the 
Legislature may prescribe, he shall have power to remit fines and 
forfeitures. With the advice and consent of the Senate, he may 

Sec. VII.— 1. Who is the commander-in-chief of the military forces? 2. 
Name five powers of the Governor. 3. Define militia, insurrections, predatory. 

Sec. VIII.— 1. Could the Grovernor call a session of the Legislature at Hous- 
ton? Why? 

Sec IX.— 1. Name the duties assigned the Governor in this section. 

Sec. X.— 1. Give Section 10 in your own words. 

Sec XI.— 1. In what cases has the Governor no pardoning power? 2. De- 
fine "impeachment," "reprieves," "forfeitures." 3. How may one, convicted 
of treason, be pardoned? 



190 CONSTITUTION OF TEXAS. 

grant pardons in cases of treason, and to this end he may respite a 
sentence therefor, until the close of the succeeding session of the 
Legislature ; ^jrovided, that in all cases of remissions of fines and for- 
feitures, or grants of reprieve, commutation of punishment, or par- 
don, he shall file in the office of the Secretary of State his reasons 
therefor. 

Sec, 12. All vacancies in State or district offices, except members 
of the Legislature, shall be filled, unless otherwise provided by law, 
by appointment of the G-overnor, which appointment, if made during 
its session, shall be with the advice and consent of two thirds of the 
Senate present. If made during the recess of the Senate, the said 
appointee, or some other person to fill such vacancy, shall be nomi- 
nated to the Senate during the first ten daj^s of its session. If re- 
jected, said office shall immediately become vacant, and the Grovernor 
shall, without delay, make further nominations, until a confirmation 
takes place. But should there be no confirmation during the session 
of the Senate, the Governor shall not thereafter appoint any person 
to fill such vacancy who has been rejected by the Senate ; but may 
appoint some other person to fill the vacancy until the next session 
of the Senate, or until the regular election to said office, should it 
sooner occur. Appointments to vacancies in offices elective by the 
people shall only continue until the first general election thereafter. 

Sec. 13. During the session of the Legislature the Governor shall 
reside where its sessions are held, and at all other times at the seat 
of government, except when, by act of the Legislature, he may be 
required or authorized to reside elsewhere. 

Sec. 14. Every bill which shall have passed both Houses of the 
Legislature shall be presented to the Governor for his approval. If 
he approve he shall sign it ; but if he disapprove it, he shall return 
it, with his objections, to the House in which it originated, which 
House shall enter the objections at large upon its journal, and pro- 

Sec. XU.— 1. How are vacancies in State and district offices filled? 

Sec. XIII.— 1. AVhere must the Governor live? 

Sec XIV. — 1, State clearly three ways in which a bill may become a law. 2 
Explain "entjr at large upon its journal." 3. What is said of appropriation 
bills? 4. "What if such a bill be passed only two days before the Legislature 
adjourns? 



CONSTITUTION OF TEXAS. 191 

ceed to reconsider it. If, after such reconsideration, two thirds of 
the members present agree to pass the bill, it shall be sent, with the 
objections, to the other House, by which likewise it shall be recon- 
sidered ; and, if approved by two thirds of the members of that 
House, it shall become a law ; but in such cases the votes of both 
Houses shall be determined by yeas and nays, and the names of the 
members voting for and against the bill shall be entered on the jour- 
nal of each House respectively. If any bill shall not be returned by 
the Governor with his objections within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the Legislature, by its 
adjournment, prevent its return ; in which case it shall be a law, 
unless he shall file the same, with his objections, in the office of the 
Secretary of State, and give notice thereof by public proclamation 
within twenty days after such adjournment. If any bill presented to 
the Grovernor contains several items of appropriation, he may object 
to one or more of such items, and approve the other portion of the 
bill. In such case he shall append to the bill, at the time of signing 
it, a statement of the items to which he objects, and no item so 
objected to shall take effect. If the Legislature be in session he shall 
transmit to the House in which the bill originated a copy of such 
statement, and the items objected to shall be separately considered. 
If, on reconsideration, one or more of such items be approved by 
two thirds of the members present of each House, the same shall be 
part of the law, notwithstanding the objections of the Governor. If 
any such bill, containing several items of appropriation, not having 
been presented to the Governor ten days (Sundays excepted) prior to 
adjournment, be in the hands of the Governor at the time of adjourn- 
ment, he shall have twenty days from such adjournment within 
which to to file objections to any items thereof and make proclama- 
tion of the same, and such item or items shall not take effect. 

Sec. 15. Everj^ order, resolution, or vote to which the concurrence 
of both Houses of the Legislature may be necessary, except on ques- 
tions of adjournment, shall be presented to the Governor, and, before 

Sec. XV.— 1. What has the Governor to do with the adjourning of the Legis- 
lature ? 



192 CONSTITUTION' Ol' TEXAS. 

it shall take effect, shall be approved by him ; or, being disapproved, 
shall be repassed by both Houses ; and all the rules, provisions, and 
limitations shall apply thereto as prescribed in the last preceding 
section in the case of a bill. 

Sec. 16. There shall also be a Lieutenant-governor, who shall be 
chosen at every election for Governor by the same electors, in the 
same manner, continue in office the same time, and possess the same 
qualifications. The electors shall distinguish for whom they vote as 
Governor and for whom as Lieutenant-governor. The Ijieutenant- 
governor shall by virtue of his office be president of the Senate, and 
shall have, when in Committee of the Whole, a right to debate and 
vote on all questions ; and when the Senate is equally divided, to 
give the casting vote. In case of the death, resignation, removal 
from office, inability, or refusal of the Governor to serve, or of his 
impeachment or absence from the State, the Lieutenant-governor shall 
exercise the powers and authority appertaining to the office of Gov- 
ernor until another be chosen at the periodical election, and be dul}' 
qualified ; or until the Governor impeached, absent, or disabled, shall 
be acquitted, return, or his disability be removed. 

Sec. 17. If, during the vacancy in the office of Governor, the 
Lieutenant-governor should die, resign, refuse to serve, or be removed 
from office, or be unable to serve, or if he shall be impeached or 
absent from the State, the president of the Senate, for the time being, 
shall, in like manner, administer the government until he shall be 
superseded by a Governor or Lieutenant-governor, The Lieutenant- 
governor shall, while he acts as president of the Senate, receive for 
his services the same compensation and mileage which shall be 
allowed to the members of the Senate, and no more ; and during 
the time he administers the government, as Governor, he shall receive 
in like manner the same compensation which the Governor would 
have received had he been employed in the duties of his office, and 

Sec. XVI. — 1. "Wliat are the qualifications of the L.ie\itenant-governor? 2. 
What are his duties? 3. What is meant by "Committee of the Whole"? 4. 
What is meant by "the casting vote"? 5. Under what circumstances may he 
become Grovernor? 6. Has any G-overnor of Texas been impeached? 

Sec. XVII.— 1. If both Governor and Lieutenant-governor die, who becomes 
Governor? 2. What salary does the Lieutenant-governor receive? 



COKSTITUTION" OF TEXAS. 19S 

no nioro. The president, for the tmie being, of the Senate, shall, 
during the time he administers the government, receive in like man- 
ner the same compensation which the Governor would have received 
had he been employed in the duties of his office. 

Sec. 18. The Lieutenant-governor or president of the Senate suc- 
ceeding to the office of Governor shall, during the entire term to 
which he may succeed, be under all the restrictions and inhibitions 
imposed in this Constitution on the Governor. 

Sec. 19. There shall be a Seal of the State, which shall be kept 
b}" the Secretary of State, and used by him officially under the direc- 
tion of the Governor. The Seal of the State shall be a star of five 
points, encircled by olive and live oak branches, and the words. "The 
State of Texas." 

Sec. 20. All commissions shall be in the name and by the author- 
it}'- of the State of Texas, sealed with the State seal, signed by the 
Governor, and attested by the Secretary of State. 

Sec. 21. There shall be a Secretary of State, who shall be ap- 
pointed by the Governor, by and with the advice and consent of the 
Senate, and who shall continue in office during the term of service of 
the Governor. He shall authenticate the publication of the laws, and 
keep a fair register of all official acts and proceedings of the Gov- 
ernor, and shall, when required, lay the same, and all papers, minutes, 
and vouchers relative thereto, before the Legislature, or either House 
thereof, and shall perform such other duties as may be required of 
him by law. He shall receive for his services an annual salary of 
two thousand dollars, and no more. 

Sec. 22. The Attorney-general shall hold his office for two years 
and until his successor is duly qualified. He shall represent the State 
in all suits and pleas in the Supreme Court of the State in which the 

Sec. XVm.— 1. Give the section. 2. Define "inhibitions." 

Sec. XIX.— 1. Describe the seal of Texas. 2. AVho keeps it? 3. VTho may 
use it? 

Sec. XX.— 1. AVliat is said of commissions? 2. "What is the meaning of 
" attested " ? 

Sec. XXI.— 1. How is the Secx^etary of State chosen? 2. AVhat are his duties? 
3. What is his salary? 

Sec. XXn.— 1. How long does the Attorney-general hold office? 2. "\^Tiat are 
his duties? 3. "\^Tiat is the greatest salary he can receive? 



194 COKSTiTUTlOK OF TEXAS. 

State may be a party, and shall especially inquire into the charter 
rights of all private corporations, and from time to time, in the name 
of the State, take such action in the courts as may be proper and 
necessary to prevent any private corporation from exercising any 
power or demanding or collecting any species of taxes, tolls, freight, 
or wharfage, not authorized by law. He shall, whenever sufficient 
cause exists, seek a judicial forfeiture of such charters, unless other- 
wise expressly directed by law, and give legal advice in writing to 
the Governor and other executive officers, when requested by them, 
and perform such other duties as may be required by law. He shall 
reside at the seat of government during his continuance in office. He 
shall receive for his services an annual salary of two thousand dollars, 
and no more, besides such fees as may be prescribed by law ; provided, 
that the fees which he may receive shall not amount to more than 
two thousand dollars annually. 

Sec. 23. The Comptroller of Public Accounts, the Treasurer, and 
the Commissioner of the General Land Office shall each hold office 
for the term of two years, and until his successor is qualified ; receive 
an annual salary of two thousand and five hundred dollars, and no 
more ; reside at the capital of the State during his continuance in 
office ; and perform such duties as are or may be required of him 
by law. They and the Secretary of State shall not receive to their 
own use any fees, costs, or perquisites of office. All fees that may 
be payable by law for any service performed by any officer specified 
in this section, or in his office, shall be paid, when received, into the 
State treasury. 

Sec. 24. An account shall be kept by the officers of the executive 
department, and by all officers and managers of State institutions, of 
all moneys and choses in action received and disbursed or otherwise 
disposed of by them, severally, from all sources, and for every serv- 
ice performed ; and a semi-annual report thereof shall be made to 
the Governor under oath. The Governor may, at any time, require 
information in writing from any and all of said officers or managers. 

Sec. XXm.— 1. Q-ive names and salaries of officers herein mentioned. 2. 
What is done with their fees? 3. Define "perquisites." 

Sec. XXIV.— 1. Give Section 24 in your own words. 2. Why is this neces- 
sary? 3. What is the punishment for perjury? 



CONSTITUTION OF TEXAS. 195 

upon any subject relating to the duties, condition, management, and 
expenses of their respective offices and institutions, which informa- 
tion shall be required by the Governor under oath, and the Governor 
may also inspect their books, accounts, vouchers, and public funds ; 
and any officer or manager who, at any time, shall willfully make a 
false report or give false information, shall be guilty of perjury, and 
so adjudged and punished accordingly, and removed from office. 

Sec. 25. The Legislature shall pass efficient laws facilitating the 
investigation of breaches of trust and duty by all custodians of pubhc 
funds, and providing for their suspension from office on reasonable 
cause shown, and for the appointment of temporary incumbents of 
their offices during such suspension. 

Sec. 26. The Governor, by and with the advice and consent of 
two thirds of the Senate, shall appoint a convenient number of no- 
taries public for each county, who shall perform such duties as now 
are or may be prescribed by law. 

ARTICLE V. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power of this State shall be vested in one 
Supreme Court, in a Court of Appeals, in District Courts, in County 
Courts, in Commissioners' Courts, in Courts of Justices of the Peace, 
and in such other courts as may be established by law. The Legis- 
lature may establish Criminal District Courts, with such jurisdiction 
as it may prescribe, but no such court shall be established unless the 
district includes a city containing at least thirty thousand inhabit- 
ants, as ascertained by the census of the United States or other official 
census ; provided, such town or city shall support said Criminal 
District Courts when established. The Criminal District Court of 
Galveston and Harris counties shall continue with the district, juris- 

Sec. XXV.— 1. Wtat are meant by "breaches of trust"? 2. Define "tempo- 
rary incumbent." 

Sec. XXVI.— 1. "What are the duties of notaries public? 2. How are they 
appointed? 

Sec. I.— 1. Name the six different courts. 2. "What is said of criminal dis- 
trict courts? 



196 CONSTITUTION OF TEXAS. 

diction, and organization now existing by law, until otherwise pro- 
vided by law. 

Sec. 2. The Supreme Court shall consist of a Chief Justice and 
two Associate Justices, any two of w^hom shall constitute a quorum, 
and the concurrence of two judges shall be necessary to the decision 
of a case. No person shall be eligible to the office of Chief Justice 
or Associate Justice of the Supreme Court unless he be at the time 
of his election a citizen of the United States and of this State, and 
unless he shall have attained the age of thirty years, and shall have 
been a practicing lawyer or a judge of a court in this State, or such 
lawyer and judge together, at least seven years. Said Chief Justice 
and Associate Justices shall be elected by the qualified voters of the 
State at a general election, shall hold their offices for six years, and 
shall each receive an annual salary of not more than three thousand 
five hundred and fifty dollars. In case of a vacancy in the office of 
Chief Justice or Associate Justice of the Supreme Court, the Gov- 
ernor shall fill the vacancy until the next general election for State 
officers, and at such general election the vacancy for the unexpired 
term shall be filled by election by the qualified voters of the State. 

Sec. 3, The Supreme Court shall have appellate jurisdiction only, 
which shall be co-extensive with the limits of the State ; but shall 
only extend to civil cases of which the District Courts have original 
appellate jurisdiction. Appeals may be allowed from interlocutory 
judgments of the District Courts, in such cases and under such regu- 
lations as may be provided by law. The Supreme Court and the 
judges thereof shall have power to issue, under such regulations as 
may be prescribed by law, the writ of inandamus, and all other 
writs necessary to enforce the jurisdiction of said court. The Su- 
preme Court shall have power, upon afiidavit or otherwise, as by 
the court may be thought proper, to ascertain such matters of fact 

Sec. II.— 1. Of what does the Suprerae Court consist? 2. Name the qualifi- 
cations of Chief and Associate Justices. 3. How are they chosen? 4. Salary? 
5. Length of term? 

Sec. in.— 1. Define " appellate jurisdiction." 2. ^Vhat civil cases may come 
before this court? 3. Explain meaning of "interlocutory judgments." 4. What 
powers has the Supreme Court? 5. When and where does the Supreme Court 
meet? 



CONSTITUTION OF TEXAS. 197 

as may be necessary to the proper exercise of its jurisdiction. The 
Supreme Court shall sit for the transaction of business from the first 
Monday in October until the last Saturday of June of every year, 
at the seat of government, and at not more than two other places in 
the State. 

Sec. 4. The Supreme Court shall appoint a clerk for each place 
at which it may sit, and each of said clerks shall give bond in such 
manner as is now or may hereafter be required by law ; shall hold 
his office for four years, and shall be subject to removal by said 
court for good cause entered of record on the minutes of said court. 

Sec. 5. The Court of Appeals shall consist of three judges, any 
two of whom maj^ constitute a quorum, and a concurrence of two 
judges shall be necessary to a decision of said court. They shall 
be elected by the qualified voters of the State at a general election. 
They shall be citizens of the United States and of this State ; shall 
have arrived at the age of thirty years at the time of election ; each 
shall have been a practicing lawyer, or a judge of a court in this 
State, or such law^yer and judge together, for at least seven years. 
Said judges shall hold their offices for a term of six years, and each 
of them shall receive an annual salary of three thousand five hun- 
dred and fifty dollars, which shall not be increased or diminished 
during their term of office. 

Sec. 6. The Court of Appeals shall have appellate jurisdiction 
co-extensive with the limits of the State in all criminal cases, of 
whatever grade, and in all civil cases, unless hereafter otherwise 
provided by law, cf which the County Courts have original or appel- 
late jurisdiction. In civil cases its opinions shall not be published 
unless the publication of such opinions be required by law. The 
Court of Appeals and the judges thereof shall have power to issue 
the w^rit of habeas corpus; and under such regulations as may be 
prescribed by law, issue such writs as may be necessary to enforce 

Sec. IV.— 1. Give Section 4. 

Sec. v.— 1. Wio compose the Court of Appeals? 2. Who elect the Court of 
Appeals? 3. Name qualifications of the judges. 4. Term of office. 5. Salary. 

Sec. VI.— 1, What criminal cases come before the Court of Appeals? 2. "What 
civil cases come before the Court of Appeals? 3. A^Tiat powers has the Court of 
Appeals? 4. When and where does the Court of Appeals meet? 



198 CONSTITUTION OF TEXAS. 

its own jurisdiction. The Court of Appeals shall have power, upon 
affidavits, or otherwise, as by the court may be thought proper, to 
ascertain such matters of fact as may be necessary to the exercise of 
its jurisdiction. The Court of Appeals shall sit for the transaction of 
business from the first Monday of October until the last Saturday of 
June of every year, at the capital, and at not more than two other 
places in the State, at which the Supreme Court shall hold its ses- 
sions. The court shall appoint a clerk for each place at which it 
may sit, and each of said clerks shall give bond in such manner as 
is now or may hereafter be required by law ; shall hold his office 
for four years, and shall be subject to removal by the said court for 
good cause, entered of record on the minutes of said court. 

Sec. 7. The State shall be divided into twenty-six judicial dis- 
tricts, which may be increased or diminished by the Legislature. For 
each district there shall be elected, by the qualified voters thereof, at 
a general election for members of the Legislature, a judge, who shall be 
at least twenty-five years of age, shall be a citizen of the United States, 
shall have been a practicing attorney or a judge of a court in this 
State for the period of four years, and shall have resided in the dis- 
trict in which he is elected for two years next before his election ; shall 
reside in his district during his term of office ; shall hold his office for 
the term of four years ; shall receive an annual salary of twenty-five 
hundred dollars, which shall not be increased or diminished during his 
term of service ; and shall hold the regular terms of court at one 
place in each county in the district twice in each year, in such man- 
ner as may be prescribed by law. The Legislature shall have power 
by general act to authorize the holding of special terms, when neces- 
sary, and to provide for holding more than two terms of the court in 
any county, for the dispatch of business ; and shall provide for the 
holding of District Courts when the judge thereof is absent, or is 
from any cause disabled or disqualified from presiding. 

Sec. 8. The District Court shall have original jurisdiction in 
criminal cases of the grade of felony ; of all suits in behalf of the 
State to recover penalties, forfeitures, and escheats ; of all cases of 

Sec. VII.— 1. How many judicial districts has Texas? 2. Give the qualifica- 
tions of a district judge. 3. Salary. 4. Length of term. 5. His duties. 



CONSTITUTION OF TEXAS. 199 

divorce ; in cases of misdemeanors involving official misconduct ; of 
all suits to recover dainages for slander or defamation of character ; of 
all suits for the trial of title to land, and for the enforcement of Hens 
thereon ; of all suits for trial of right to property levied on by virtue 
of any v^rit of execution, sequestration, or attachment, when the 
property levied on shall be equal to or exceed in value five hundred 
dollars ; and of all suits, complaints, or pleas whatever, without re- 
gard to any distinction between law and equity, when the matter in 
controversy shall be valued at, or amount to five hundred dollars, 
exclusive of interest; and the said courts and the judges thereof 
shall have power to issue writs of habeas corpus in felony cases, 
mandamus, injunction, certiorari, and all vnrits necessary to enforce 
their jurisdiction. The District Courts shall have appellate jurisdic- 
tion and general control in probate matters over the County Court 
established in each county for appointing guardians, granting letters 
testamentary and of administration, for settling the accounts of 
executors, administrators, and guardians, and for the transaction cf 
business appertaining to estates ; and original jurisdiction and gen- 
eral control over executors, administrators, guardians, and minors, 
under such regulations as may be prescribed by the Legislature. All 
cases now pending in the Supreme Court, of which the Court of 
Appeals has appellate jurisdiction under the provisions of this Ar- 
ticle, shall, as soon as practicable after the establishment of said 
Court of Appeals, be certified, and the records transmitted to the 
Court of Appeals, and shall be decided by such Court of Appeals as 
if the same had been originally appealed to such court. 

Sec. 9. There shall be a clerk for the District Court of each 
county, who shall be elected by the qualified voters for the State and 
county officers, and who shall hold his office for two years, subject 
to removal by information, or by indictment of a grand jury, and 
conviction by a petit jury. In case of vacancy the judge of the Dis- 



Sec. ^T:II.— 1. In what cases has the District Court original jurisdiction ? 2. 
Define "escheats," "sequestration," " mandaraus," "certiorari." 3. In what cases 
has the District Court appellate jurisdiction ? 

Sec. IX.— 1. How is the clerk of the District Court selected? 2. How may 
he be removed? 



200 CONSTITUTION OF TEXAS. 

trict Court shall have the power to appoint a clerk, who shall hold 
until the office can be filled by election. 

Sec. 10. In the trial of all causes in the District Courts, the 
plaintiff or defendant shall, upon application made in open court, 
have the right of trial by jury ; but no jury shall be impaneled in 
any civil case unless demanded by a party to the case, and a jury 
fee be paid by the party demanding a jury, for such sum, and with 
such exceptions as may be prescribed by the Legislature. 

Sec. 11. No judge shall sit in any case wherein he may be in- 
terested, or where either of the parties may be connected with him 
by affinity or consanguinity, within such degree as may be prescribed 
by law, or where he shall have been counsel in the case. When the 
Supreme Court, or the Appellate Court, or any two of the members 
of either, shall be thus disqualified to hear and determine any case 
or cases in said court, the same shall be certified to the Governor of 
the State, who shall immediately commission the requisite number of 
persons learned in the law, for the trial and determination of said 
cause or causes. When a judge of the District Court is disqualified 
by any of the causes above stated, the parties may, by consent, 
appoint a proper person to try said case ; or, upon their failing to 
do so, a competent person may be appointed to try the same in the 
county where it is pending, in such manner as may be prescribed by 
law. And the District Judges may exchange districts, or hold courts 
for each other, when they may deem it expedient, and shall do so 
when directed by law. The disqualification of judges of inferior 
tribunals shall be remedied, and vacancies in their offices shall be 
filled, as prescribed by law. 

Sec. 12. All judges of the Supreme Court, Court of Appeals, and 
District Courts shall, by virtue of their offices, be conservators of the 
peace throughout the State. The style of all writs and process shall 
be "The State of Texas." All prosecutions shall be carried on in the 

Sec. X.— 1. When is a civil case tried in a District Court before a jury? 

Sec. XI.— 1. In what cases is a judge forbidden to preside? 2, What if a 
majority of the Supreme or Appellate Court be disqualified ? 3. ^\Tiat is done if 
a judge of the District Court be thus disqualified? 

Sec. XII.— 1. What is meant by " conservators of the peace " ? 2. Vfhat shall 
be the style of all "s^Tits? 



CONSTITUTIOK OF TEXAS. 201 

name and by the authority of "The State of Texas," and conclude 
"against the peace and dignity of the State." 

Sec. 13. Grand and petit juries in the District Courts shall be 
composed of twelve men ; but nine members of a grand jury shall 
be a quorum to transact business and present bills. In trials of civil 
cases, and in trials of criminal cases below the grade 6t felony, in 
the District Courts, nine members of the jury, concurring, may ren- 
der a verdict, but when the verdict shall be rendered by less than 
the whole number, it shall be signed by every member of the jury 
concurring in it. When, pending the trial of any case, one or more 
jurors not exceeding three, may die, or be disabled from sitting, the 
remainder of the jury shall have the power to render the verdict ; 
provided, that the Legislature may change or modify the rule author- 
izing less than the whole number of the jury to render a verdict. 

Sec. 14. The Judicial Districts in this State and the time of hold- 
ing the courts therein are fixed by ordinance forming part of this 
Constitution, until otherwise provided by law. 

Sec. 15. There shall be established in each county in this State a 
County Court, which shall be a court of record ; and there shall be 
elected in each county, by the qualified voters, a County Judge, who 
shall be well informed in the law of the State ; shall be a conservator 
of the peace, and shall hold his office for two years, and until his 
successor shall be elected and qualified. He shall receive as a com- 
pensation for his services such fees and perquisites as may be pre- 
scribed by law. 

Sec. 16. The County Court shall have original jurisdiction in all 
misdemeanors, of which exclusive original jurisdiction is not given to 
the Justice's Court, as the same are now or may be hereafter prescribed 
by law, and when the fine to be imposed shall exceed two hundred 

Sec. XHT.— 1. Of how many men does a jury consist? 2. "What is said of 
a grand jury? 3. Under what circumstances may a part of a jury render a ver- 
dict ? 

Sec. XV.— 1. What is said of the County Judge ? 

Sec XVI.— 1. Tn what cases has the County Court original jurisdiction? 
2. Concurrent jurisdiction? 3. Appellate jurisdiction? 4. "^Tiat is said of 
appeals from the Justice's Courts? 5. When can one appeal from the County 
Court to the Court of Appeals? 6. Name some of the duties of the County 
Court, 



202 CONSTITUTION OF TEXAS. 

dollars ; and they have exclusive original jurisdiction in all civil cases 
v^hen the matter in controversy shall exceed in value two hundred 
dollars, and not exceed five hundred dollars, exclusive of interest ; and 
concurrent jurisdiction with the District Courts, when the matter in 
controversy shall exceed five hundred and not exceed one thousand 
dollars, exclusive of interest ; but shall not have jurisdiction of suits for 
the recovery of land. They shall have appellate jurisdiction in cases, 
civil and criminal, of which Justice's Courts have original jurisdiction, 
but of such civil cases only when the judgment of the court appealed 
from shall exceed twenty dollars, exclusive of costs, under such regula- 
tions as may be prescribed by law. In all appeals from Justice's Courts, 
there shall be a trial de novo in the County Court, and when the 
judgment rendered or fine imposed by the County Court shall not 
exceed one hundred dollars such trial shall be final; but if the judg- 
ment rendered or fine imposed shall exceed one hundred dollars, as 
well as in all cases, civil and criminal, of which the County Court has 
exclusive or concurrent original jurisdiction, an appeal shall lie to the 
Court of Appeals, under such regulations as may be prescribed by 
law. The County Courts shall have the general jurisdiction of a Pro- 
bate Court. They shall probate wills, appoint guardians of minors, 
idiots, lunatics, persons nan comj)os mentis, and common drunkards, 
grant letters testamentary and of administration, settle accounts of 
executors, administrators, and guardians, transact all business apper- 
taining to the estates of deceased persons, minors, idiots, lunatics, 
persons non compos mentis, and common drunkards, including the 
settlement, partition, and distribution of estates of deceased persons, 
and to apprentice minors, as provided by law. And the County 
Courts, or judges thereof, shall have power to issue writs of manda- 
mus, injunction, and all other writs necessary to the enforcement of 
the jurisdiction of said courts ; and to issue writs of habeas corpus in 
cases where the oflfense charged is within the jurisdiction of the 
County Court, oi* any other court or tribunal inferior to said court. 
The County Court shall not have criminal jurisdiction in any county 
where there is a Criminal District Court, unless expressly conferred 
by law ; and in such counties appeals from Justice's Courts and other 
inferior courts and tribunals, in crirninal cases, shall be to the Orimi^jal 



CO>rSTITUTION OF TEXAS. 208 

District Courts, under such regulations as may be prescribed by law, 
and in all such cases an appeal shall lie from such District Courts to 
the Court of Appeals. Any case pending in the County Court, which 
the County Judge may be disqualified to try, shall be transferred to 
the District Court of the same county for trial ; and where there 
exists any cause disqualifying the County Judge for the trial of a 
cause of which the County Court has jurisdiction, the District Court 
of such county shall have original jurisdiction of such cause. 

Sec. 17. The County Court shall hold a term for civil business at 
least once in every two months, and shall dispose of probate business, 
either in term-time or vacation, as may be provided by law ; and said 
court shall hold a term for criminal business once in every month, as 
may be provided by law. Prosecutions may be commenced in said 
court by information filed by the County Attorney, or by affidavit, as 
may be provided by law. Grand juries impaneled in the District 
Courts shall inquire into misdemeanors, and all indictments therefor 
returned into the District Courts shall forthwith be certified to the 
County Courts, or other inferior courts having jurisdiction to try 
them, for trial ; and if such indictment be quashed in the County or 
other inferior court, the person charged shall not be discharged if 
there is probable cause of guilt, but may be held by such court or 
magistrate to answer an information or affidavit. A jurj- in the 
County Court shall consist of six men ; but no jury shall be im- 
paneled to try a civil case, unless demanded by one of the parties, 
who shall pay such jury fee therefor, in advance, as may be prescribed 
by law, unless he makes affidavit that he is unable to pay the same. 

Sec. 18. Each organized county in the State, now or hereafter 
existing, shall be divided from time to time, for the convenience of 
the people, into precincts, not less than four and not more than eight. 
The present County Courts shall make the first division. Subsequent 
divisions shall be made by the Commissioners' Court, provided for by 
this Constitution. In each such precinct there shall be elected, at 

Sec. XVH.— 1. How often does the County Court hold a term ? 2. How many- 
jurors are required in the County Court? 3. When may a jury be impaneled? 

Sec. XVm.— 1. How many precincts does your county contain? 2. How are 
these precincts organized ? 3. Name the oflQcers of the precincts. 



204 CONSTITUTION OF TEXAS. 

each biennial election, one Justice of the Peace and one Constable, 
each of whom shall hold his office for two years, and until his suc- 
cessor shall be elected and qualified ; provided, that in any precinct in 
which there may be a city of eight thousand or more inhabitants, 
there shall be elected two Justices of the Peace. Each county shall 
in like manner be divided into four commissioners' precincts, in each 
of which there shall be elected, by the qualified voters thereof, one 
County Commissioner, who shall hold his office for two years, and 
until his successor shall be elected and qualified. The County Com- 
missioners so chosen, with the County Judge, as presiding officer, 
shall compose the County Commissioners' Court, which shall exercise 
such powers and jurisdiction over all county business as is conferred 
by this Constitution and the laws of this State, or as may be here- 
after prescribed. 

Sec. 19. Justices of the Peace shall have jurisdiction in criminal 
matters of all cases where the penalty or fine to be imposed by law 
may not be more than for two hundred dollars, and in civil matters 
of all cases where the amount in controversy is two hundred dollars 
or less, exclusive of interest, of which exclusive original jurisdiction 
is not given to the District or County Courts ; and such other juris- 
diction, criminal and civil, as may be provided by law, under such 
regulations as may be prescribed by law ; and appeals to the County 
Courts shall be allowed in all cases decided in Justice's Courts where 
the judgment is for more than twenty dollars exclusive of costs, and 
in all criminal cases, under such regulations as may be prescribed by 
law. And the Justices of the Peace shall be ex-officio notaries public ; 
and they shall hold their courts at such times and places as may be 
provided by law. 

Sec. 20. There shall be elected for each county, by the qualified 
voters, a County Clerk, who shall hold his office for two years, who 
shall be Clerk of the County and Commissioners' Courts and Recorder 
of the county, whose duties, perquisites, and fees of office shall be 
prescribed by the Legislature, and a vacancy in whose office shall be 
filled by the Commissioners' Court, until the next general election for 

Sec. XIX.— 1. Over wliat cases has a Justice of Peace jurisdiction? 
Sec. XX.— 1. What is said of the County Clerk ? 



CONSTITUTION OF TEXAS. 205 

county and State officers ; provided, that in counties having a popula- 
tion of less that eight thousand persons there may be an election of 
a single clerk, who shall perform the duties of District and County 

Clerk. 

Sec. 21. A County Attorney, for counties in which there is not a 
resident Criminal District Attorney, shall be elected by the qualified 
voters of each county, who shall be commissioned by the Governor, 
and hold his office for the term of two years. In case of vacancy, the 
Commissioners' Court of the county shall have power to appoint a 
County Attorney until the next general election. The County At- 
torneys shall represent the State in all cases in the District and in- 
ferior courts in their respective counties ; but if any county shall be 
included in a district in which there shall be a District Attorney, the 
respective duties of District Attorneys and County Attorneys shall in 
such counties be regulated by the Legislature. The Legislature may 
provide for the election of District Attorneys in such districts as may 
be deemed necessary, and make provision for the compensation of 
District Attorneys and County Attorneys ; provided, District Attorneys 
shall receive an annual salary of five hundred dollars, to be paid by 
the State, and such fees, commissions, and perquisites as may be 
provided by law. County Attorneys shall receive as compensation only 
such fees, commissions, and perquisites as may be prescribed by law. 
Sec. 22. The Legislature shall have power, by local or general 
law, to increase, diminish, or change the civil and criminal jurisdic- 
tion of County Courts ; and in cases of any such change of jurisdic- 
tion the Legislature shall also conform the jurisdiction of the other 
courts to such change. 

^EC. 23. There shall be elected by the quahfied voters of each 
county a Sheriff, who shall hold his office for the term of two years, 
whose duties, and perquisites, and fees of office, shall be prescribed 
by the Legislature, and vacancies in whose office shall be filled by 
the Commissioners' Court until the next general election for county 
or State officers. 

Sec. XXI.-l. What counties have County Attorneys ? 2. How is the Cotinty 
Attorney chosen? 3. His duties? 4. What is said of District Attorneys? 
Sec. XXni.— 1. What is said of the Sheriff? 



20(] CONSTITUTION OF TEXAS. 

Sec. 24. County Judges, County Attorneys, Clerks of the District 
and County Courts, Justices of the Peace, Constables, and other 
county officers, may be removed by the Judges of the District Courts 
for incompetency, official misconduct, habitual drunken aess, or other 
causes defined by law, upon the cause therefor being set forth in 
writing, and the finding of its truth by a jury. 

Sec. 25. The Supreme Court shall have power to make rules and 
regulations for the government of said court, and the other courts of 
the State, to regulate proceedings and expedite the dispatch of busi- 
ness therein. 

Sec. 26. The State shall have no right of a^Dpeal in criminal cases. 

Sec. 27. The Legislature shall, at its first session, provide for the 
transfer of all business, civil and criminal, pending in District Courts, 
over which jurisdiction is given by this Constitution to the County 
Courts, or other inferior courts, to such County or inferior courts, 
and for the trial or disposition of all such causes by such County or 
other inferior courts. 

Sec. 28. Vacancies in the office of judges in the Supreme Court, 
of the Court of Appeals, and District Court, shall be filled by the 
Governor until the next succeeding general election ; and vacancies 
in the office of County Judge, and Justices of the Peace, shall be 
filled by the Commissioners' Court, until the next general election 
for such offices. 

ARTICLE YI. 

SUFFRAGE. 

Section 1. The following classes of persons shall not be allowed 
to vote in this State, to wit : • 

First. — Persons under twenty-one years of age. 

Second. — Idiots and lunatics. 

Third. — All paupers supported by any county. 

Fourth. — All persons convicted of any felony, subject to such ex- 
ceptions as the Legislature may make. 

» 

Sec. XXrV.— 1. For what causes may the officers above named be removed? 

Sec. XXVI.— 1. In your opinion, is this section a wise one? Why? 

Sec. I.— 1. Name all classes of persons that are not allowed to vote in Texas. 



COKSTlTtfTlOX OF TEXAS. 207 

Pifth. — All soldiers, marines, and seamen employed in the service 
of the army or navy of the United States. 

Sec. 2. Every male person subject to none of the foregoing dis- 
qualifications, who shall have attained the age of twenty-one years, 
and who shall be a citizen of the United States, and who shall have 
resided in this State one year next preceding an election, and the last 
six months within the district or county in which he offers to vote, 
shall be deemed a qualified elector ; and every male person of foreign 
birth, subject to none of the foregoing disqualifications, who, at any 
time before an election, shall have declared his intention to become a 
citizen of the United States in accordance with the Federal Natural- 
ization Laws, and shall have resided in this State one year next pre- 
ceding such election, and the last six months in the county in which 
he offers to vote, shall also be deemed a qualified elector ; and all 
electors shall vote in the election precinct of their residence ; pro- 
vided, that electors living in any unorganized county may vote at any 
election precinct in the county to which such county is attached for 
judicial purposes. 

Sec. 3. All qualified electors of the State, as herein described, 
who shall have resided for six months immediately preceding an 
election within the limits of any city or corporate town, shall have 
the right to vote for Mayor and all other elective officers ; but in all 
elections to determine expenditure of money or assumption of debt, 
only those shall be qualified to vote who pay taxes on property in 
said city or incorporated town ; provided, that no poll tax for the 
payment of debts thus incurred shall be levied upon the persons de- 
barred from voting in relation thereto. 

Sec. 4. In all elections by the people the vote shall be by ballot, 
and the Legislature shall provide for the numbering of tickets, and 
make such other regulations as maj" be necessary to detect and 
punish fraud, and preserve the purity of the ballot box ; but no 

Sec. II.— 1. Mr. X., a lawyer of forty years, moved to Texas foiirteen months 
since ; he lived in Dallas ten months and then moved to Galveston. Can he vote ? 
2. When can foreigners vote ? 

Sec. m.— 1. Show why this law is just. 

Sec. rv.— 1. Give this section in your own words. 2. Was registration of 
votes ever required in Texas ? When r 



208 CONSTITUTION OF TEXAS. 

law shall ever be enacted requiring a registration of the voters of 
this State. 

Sec. 5. Voters shall, in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning therefrom. 

ARTICLE VII. 

EDUCATION. — THE PUBLIC FREE SCHOOLS. 

Section 1. A general diffusion of knowledge being essential to the 
preservation of the liberties and rights of the people, it shall be the 
duty of the Legislature of the State to establish and make suitable 
provision for the support and maintenance of an efficient system of 
public free schools. 

Sec. 2. All funds, lands, and other property heretofore set apart 
and appropriated for the support of public schools ; all the alternate 
sections of land reserved by the State out of grants heretofore made, 
or that may hereafter be made to railroads, or other corporations, of 
any nature whatsoever ; one half of the public domain of the State ; 
and all sums of money that may come to the State from the sale of 
any portion of the same, shall constitute a perpetual school fund. 

Sec. 3. There shall be set apart annually not more than one fourth 
of the general revenue of the State, and a poll tax of one dollar on 
all male inhabitants in this State between the ages of twenty-one 
and sixty years, for the benefit of the public free schools. 

Sec. 4. The land herein set apart to the public free school fund 
shall be sold under such regulations, at such times, and on such terms 
as may be prescribed by law ; and the Legislature shall not have 
power to grant any relief to the purchasers thereof. The Comptroller 
shall invest the proceeds of such sales, and of those heretofore made, 
as may be directed by the Board of Education herein provided for, 
hi the bonds of this State, if the same can be obtained, otherwise in 
CTnited States bonds ; and the United States bonds now belonging to 

Sec. I.— 1. "Why are free schools absolutely necessary? 

Sec. it.— 1. Of what does the perpetual school fund consist ? 

Sec. III.— 1. What other means of support have our schools? 



CONSTITUTION OF TEXAS. 



209 



said fund shall likewise be invested in State bonds, if the same can 
be obtained on terms advantageous to the school fund. 

Sec. 5. The principal of all bonds, and other funds, and the prin- 
cipal arising from the sale of the lands hereinbefore set apart for said 
school fund, shall be the permanent school fund ; and all the interest 
derivable therefrom, and the taxes herein authorized and levied, 
shall be the available school fund, which shall be applied annually to 
the support of the public free schools. And no law shall ever be 
enacted appropriating any part of the permanent or available school 
fund to any other purpose whatever ; nor shall the same or any part 
thereof ever be appropriated to, or used for the support of any sec- 
tarian school ; and the available school fund herein provided shall be 
distributed to the several counties according to their scholastic popu- 
lation, and applied in manner as may be provided by law. 

Sec. 6. All lands heretofore or hereafter granted to the several 
counties of this State for education or schools, are of right the prop- 
erty of said counties respectively to which they were granted, and 
title thereto is vested in said counties, and no adverse possession or 
limitation shall ever be available against the title of any county. 
Each county may sell or dispose of its lands in whole or in part, in 
manner to be provided by thfe Commissioners' Court of the county. 
Actual settlers residing on said lands shall be protected in the prior 
right of purchasing the same to the extent of their settlement, not to 
exceed one hundred and sixty acres, at the price fixed by said court, 
which price shall not include the value of existing improvements 
made thereon by such settlers. Said lands and the proceeds thereof, 
when sold, shall be held by said counties alone as a trust for the 
benefit of pubhc schools therein; said proceeds to be invested in 
bonds of the State of Texas, or of the United States, and only the 
interest thereon to be used and expended annually. 

Sec. 7. Separate schools shall be provided for the white and col- 
ored children, and impartial provision shall be made for both. 

Sec. 8. The Governor, Comptroller, and Secretary of State shall 
constitute a Board of Education, who shall distribute said funds to 

Sec. V.-l. What schools can not receive any portion of tlie public money? 
^. How is the money distributed? 



210 coKsTiTtJTioN OF te:x:as. 

the several counties, and perform such other duties concerning public 
schools as may be prescribed by law. 

ASYLUMS. 

Sec. 9. All lands heretofore granted for the benefit of the Lunatic, 
Blind, Deaf and Dumb, and Orphan Asylums, together with such 
donations as may have been or may hereafter be made to either of 
them, respectively, as indicated in the several grants, are hereby set 
apart to provide a permanent fund for the support, maintenance, 
and improvement of said asylums. And the Legislature may provide 
for the sale of the lands and investment of the proceeds in manner 
as provided for the sale and investment of school lands in Section 4 
of thiG Article. 

UNIVERSITY. 

Sec. 10. The Legislature shall, as soon as practicable, establish, 
organize, and provide for the maintenance, support, and direction of a 
university of the first class, to be located by a vote of the people of 
this State, and styled "The University of Texas," for the promotion 
of literature, and the arts an«l sciences, including an agricultural and 
mechanical department. 

Sec. 11. In order to enable the Legislature to perform the duties 
set forth in the foregoing section, it is hereby declared that all lands 
and other property heretofore set apart and appropriated for the 
establishment and maintenance of "The University of Texas," to- 
gether with all the proceeds of sales of the same, heretofore made or 
hereafter to be made, and all grants, donations, and appropriations 
that may hereafter be made by the State of Texas, or from any other 
source, shall constitute and become a permanent university fund. 
And the same as realized and received into the Treasury of the State 
(together with such sums, belonging to the fund, as may now be in 
the Treasury), shall Ije invested in bonds of the State of Texas, if the 

Sec. Vm.— 1. Who constitute the Board of Education? 3. Wliat new school 
officer was created during Ireland's administration? 

Sec. IX.— 1. What is said of the asylums? 2. AVhat asylum was located at 
Corsicana recently? 

Sec X.— 1. Give the section. 2. Where was it located ? 



t 



CONSTITUTIOX OF TEXAS. 211 

same can be obtained, if not, then in United States bonds ; and the 
interest accruing thereon shall be subject to appropriation by the 
Legislature to accomplish the purpose declared in the foregoing sec- 
tion ; provided, that one tenth of the alternate sections of the lands 
granted to railroads, reserved by the State, which were set apart and 
appropriated to the establishment of "The University of Texas," by 
an act of the Legislature of February 11, 1858, entitled "An act to 
establish ' The University of Texas,' " shall not be included in or con- 
stitute a part of the permanent university fund. 

Sec. 12. The land herein set apart to the university fund shall be 
sold under such regulations, at such times, and on such terms, as 
may be provided by law ; and the Ijegislature shall provide for the 
prompt collection, at maturity, of all debts due on account of univer- 
sity lands, heretofore sold, or that may hereafter be sold, and shall 
in neither event have the power to grant relief to the purchasers. 

Sec. 13. The Agricultural and Mechanical College of Texas, estab- 
lished by an act of the Legislature, passed April 17, 1871, located in 
the county of Brazos, is hereby made and constituted a branch of 
the University of Texas, for instruction in agriculture, the mechanic 
arts, and the natural sciences connected therewith. And the Legis- 
lature shall, at its next session, make an appropriation, not to exceed 
forty thousand dollars, for the construction and completion of the 
buildings and improvements, and for providing the furniture neces- 
sary to put said college in immediate and successful operation. 

Sec. 14. The Legislature shall also, when deemed practicable, 
establish and provide for the maintenance of a college or branch 
university for the instruction of the colored youths of the State, to 
be located by a vote of the people ; provided, that no tax shall be 
levied, and no money appropriated out of the general revenue, either 
for this purpose or for the establishment and erection of the build- 
ings of the University of Texas. 

Sec. 15. In addition to the lands heretofore granted to the Uni- 
versity of Texas, there is hereby set apart and appropriated, for the 

Sec. Xm.— 1. What is said of tho Agricultural and Mechanical College? 
Sk(\ Xrv.— 1. II;is this section been carried out by the Legislature? 
Sec, XV,— 1. AMiat endowment is here given the State University? 



212 CONSTITUTION OF TEXAS. 

endowment, maintenance, and support of said University and its 
branches, one million acres of the unappropriated public domain of 
the State, to be designated and surveyed as may be provided by law; 
and said lands shall be sold under the same regulations, and the 
proceeds invested in the same manner as is provided for the sale 
and investment of the permanent University fund ; and the Legis- 
lature shall not have power to grant any relief to the purchasers of 
said lands. 

ARTICLE VIII. 

TAXATION AND REVENUE. 

Section 1. Taxation shall be equal and uniform. All property in 
this State, whether owned by natural persons or corporations, other 
than municipal, shall be taxed in proportion to its value, which shall 
be ascertained as may be provided by law. The Legislature may im- 
pose a poll tax. It may also impose occupation taxes, both upon 
natural persons and upon corporations, other than municipal, doing 
r.ny business in this State. It may tax incomes of both natural per- 
sons and corporations, other than municipal, except that persons 
engaged in mechanical and agricultural pursuits shall never be- re- 
quired to pay an occupation tax ; provided, that two hundred and 
fifty dollars' worth of household and kitchen furniture, belonging to 
each family in this State, shall be exempt from taxation ; and pro- 
vided further, that the occupation tax levied by any county, city, or 
town, for any year, on persons or corporations pursuing any profession 
or business, shall not exceed one half of the tax levied by the State 
for the same period on such profession or business. 

Sec. 2. All occupation taxes shall be equal and uniform upon the 
same class of subjects within the limits of the authority levying the 
tax ; but the Legislature may, by general laws, exempt from taxa- 
tion public property used for public purposes ; actual places of re- 
ligious worship ; places of burial not held for private or corporate 
profit ; all buildings used exclusively and owned by persons or associa- 

Sec. I.— 1. "What pursuits are free from occupation tax? 2. Wliat furniture 
is free from tax ? 

Sec, II,— 1 , What property may the Legislature exempt from taxation ? 



CONSTITUTIOX OF TEXAS. 213 

tions of persons for school purposes (and the necessary furniture of 
all schools), and institutions of purely public charity ; and all laws 
exempting property from taxation other than the property above 
mentioned, shall be void. 

Sec. 3. Taxes shall be levied and collected by general laws and 
for public purposes only. 

Sec. 4. The power to tax corporations and corporate property 
shall not be surrendered or suspended by act of the Legislature, by 
any contract or grant to which the State shall be a party. 

Sec. 5. All property of railroad companies, of whatever descrip- 
tion, lying or being within the limits of any city or incorporated 
town within this State, shall bear its proportionate share of munic- 
ipal taxation ; and if any such property shall not have been hereto- 
fore rendered, the authorities of the city or town within which it 
lies shall have power to require its rendition, and collect the usual 
municipal tax thereon, as on other property lying within said mu- 
nicipality. 

Sec. 6. No money shall be drawn from the treasury but in 'pur- 
suance of specific appropriations made by law ; nor shall any appro- 
priation of money be made for a longer term than two years, except 
by the first Legislature to assemble under this Constitution, which 
may make the necessary appropriations to carry on the government 
until the assemblage of the Sixteenth Legislature. 

Sec 7. The Legislature shall not have power to borrow, or in 
any manner divert from its purpose any special fund that may, or 
ought to, come into the treasury ; and shall make it penal for any 
person or persons to borrow, withhold, or in any manner to divert 
from its purpose any special fund, or any part thereof. 

Sec. 8. All property of railroad companies shall be assessed, and 
the taxes collected in the several counties in which said property is 
situated, including so much of the road-bed and fixtures as shall be 
in each county. The rolling stock may be assessed in gross in the 
county where the principal office of the company is located, and 
the county tax paid upon it shall be apportioned by the Comptroller, 
in proportion to the distance such road may run through any such 

Sec. VI, VII.— 1. Give the sections as concisely as possible, 



214 CONSTITUTION OF TEXAS. 

county, among the several counties through which the road passes, 
as a part of their tax assets. 

Sec. 9. The State tax on property, exclusive of the tax neces- 
sary to pay the public debt, shall never exceed fifty cents on the 
one hundred dollars valuation, and no county, city, or town shall 
levy more than one half of said State tax, except for the payment 
of debts already incurred, and for the erection of public buildings, 
not to exceed fifty cents on the one hundred dollars in ony one 
year, and except as in this Constitution is otherwise provided. 

Sec. 10. The Legislature shall have no power to release the in- 
habitants of, or property in, any county, city, or town from the 
payment of taxes levied for State or county purposes, unless in case 
of great public calamity in any such county, city, or town, when 
such release may be made by a vote of two thirds of each House 
of the Legislature. 

Sec. 11. All property', whether owned by persons or corporations, 
shall be assessed for taxation, and the taxes paid in the county 
where situated, but the Legislature may, by a two-thirds vote, au- 
thorize the payment of taxes of non-residents of counties to be made 
at the office of the Comptroller of Public Accounts. And all lands 
and other property not rendered for taxation by the owner thereof 
shall be assessed at its fair value by the proper officer. 

Sec. 12. All jDroperty subject to taxation in and owned by resi- 
dents of unorganized counties, shall be assessed and the taxes thereon 
paid in the counties to which such unorganized counties shall be 
attached for judicial purposes ; and lands lying in and owned by 
non-residents of unorganized counties, and lands lying in the terri- 
tory, not laid off into counties, shall be assessed and the taxes 
thereon collected at the office of the Comptroller of the State. 

Sec. 13. Provision shall be made by the first Legislature for the 
speedy sale of a sufficient portion of all lands and other property for 
the taxes due thereon, and every year thereafter for the sale of all 
lands and other propertj^ upon which the taxes have not been paid. 

Sec. IX.-l. Wliat is the limit of taxation? 

Sec. X. — 1. When may the Legislature release a county or district from 
taxation? 2. Has it ever been done? 



CONSTITUTION OF TEXAS. 215 

and the deed of conveyance to the purchaser for all lands and other 
property thus sold shall be held to vest a good and perfect title 
in the purchaser thereof, subject to be impeached only for actual 
fraud ; jp'^ovided, that the former owner shall, within two years 
from date of purchaser's deed, have the right to redeem the land 
upon the payment of double the amount of money paid for the 
land. 

Sec. 14, There shall be elected by the qualified electors of each 
county, at the same time and under the same law regulating the 
election of State and county officers, an assessor of taxes, who shall 
hold his office for two years, and until his successor is elected and 
qualified. 

Sec. 15. The annual assessment made upon landed property shall 
be a special lien thereon, and all property, both real and personal, 
belonging to any delinquent tax-payer, shall be liable to seizure and 
sale for the payment of all the taxes and penalties due by such de- 
linquent ; and such property may be sold for the payment of the 
taxes and penalties due by such delinquent, under such regulations as 
the Legislature may provide. 

Sec. 16. The sheriff of each county, in addition to his other 
duties, shall be the collector of taxes therefor. But in counties hav- 
ing ten thousand inhabitants, to be determined by the last preceding 
census of the United States, a collector of taxes shall be elected to 
hold office for two years, and until his successor shall be elected and 
quahfied. 

Sec. 17. The specification of the objects and subjects of taxation 
shall not deprive the Legislature of the power to require other sub- 
jects or objects to be taxed in such manner as may be consistent 
with the principles of taxation fixed in this Constitution. 

Sec. 18. The Legislature shall provide for equalizing, as near as 
may be, the valuation of all property subject to or rendered for taxa- 
tion (the County Commissioner's Court to constitute a board of equal- 
ization) ; and may also provide for the classification of all lands, with 
reference to their value in the several counties. 

Sec. XV.— 1. State the section in your own words. 



210 CONSTITUTION OF TEXAS. 

» 

ARTICLE IX. 

COUNTIES. 

Section I. The Legislature shall have power to create counties 
r the convenience of the people, subject to the following provisions : 

First. — In the territory of the State exterior to all counties now 
xisting, no new counties shall be created with a less area than nine 
hundred square miles, in a square form, unless prevented by pre- 
existing boundary lines. Should the State lines render this impracti- 
cable in border counties, the area may be less. The territory referred 
to may, at any time, in whole or in part, be divided into counties in 
advance of population, and attached, for judicial and land-surveying 
purposes, to the most convenient organized county or counties. 

Second. — Within the territory of any county or counties now 
existing, no new county shall be created with a less area than seven 
hundred square miles, nor shall any such county now existing be 
reduced to a less area than seven hundred square miles. No new 
counties shall be created so as to approach nearer than twelve miles 
of the county seat of any county from which it may, in whole or in 
part, be taken. Counties of a less area than nine hundred, but of 
seven hundred or more square miles, within counties now existing, 
may be created by a two-thirds vote of each House of the Legisla- 
ture, taken by yeas and nays, and entered on the journals. Any 
county now existing may be reduced to an area of not less than 
seven hundred square miles, by a like two-thirds vote. When any 
part of a county is stricken off and attached to or created into an- 
other county, the part stricken off shall be holden for and obliged to 
pay its proportion of all the liabilities then existing of the county 
from which it was taken, in such manner as may be prescribed by 
law. 

Third. — No part of any existing county shall be detached from it 
and attached to another existing county imtil the proposition for such 
change shall have been submitted, in such manner as may be pro- 
vided by law, to a vote of the electors of both counties, and shall 
have received a majority of those voting on the question in each. 



CONSTITUTION OF TEXAS. 217 

COUNTY SEATS. 

Sec. 2. The Legislature shall pass laws regulating the manner of 
removing county seats, but no county seat situated within five miles 
of the geographical center of the county shall be removed, except by 
a vote of two thirds of all the electors voting on the subject. A ma- 
jority of such electors, however, voting at such election, may remove 
a county seat from a point more than five miles from the geograph- 
ical center of the county to a point within five miles of such center, 
i:i either case the center to be determined by a certificate from the 
Commissioner of the General Land Office. 

ARTICLE X. 

RAILROADS. 

Section 1. Any railroad corporation or association, organized 
under the law for the purpose, shall have the right to construct and 
operate a railroad between any points within this State, and to con- 
nect at the State line with railroads of other States. Every railroad 
company shall have the right, with its road, to intersect, connect 
with, or cross any other railroad ; and shall receive and transport 
each the other's passengers, tonnage, and cars, loaded or empty, 
without delay or discrimination, under such regulations as shall be 
prescribed by law. 

Sec. 2. Railroads heretofore constructed, or that may hereafter 
be constructed in this State, are hereby declared public highways, 
and railroad companies common carriers. The Legislature shall pass 
laws to correct abuses and prevent unjust discrimination and ex- 
tortion in the rates of freight and passenger tariffs on the different 
railroads in this State ; and shall from time to time pass laws estab- 
lishing reasonable maximum rates of charges for the transportation 
of passengers and freight on said railroads, and enforce all such 
laws by adequate penalties. 

Sec. 3. Every railroad or other corporation, organized or doing 
business in this State under the laws or authority thereof, shall have 
and maintain a public office or place in this State for the trans- 
action of its business, where transfers of stock shall be made, and 



218 CONSTITUTION OF TEXAS. 

where shall be kept, for inspection by the stockholders of such cor- 
porations, books, in which shall be recorded the amount of capital 
stock subscribed, the names of the owners of the stock, the amounts 
owned by them respectively, the amount of stock paid, and by whom, 
the transfer of said stock, with the date of the transfer, the amount 
of its assets and liabilities, and the names and places of residence 
of its officers. The directors of every railroad company shall hold 
one meeting annually in this State, public notice of which shall be 
given thirty days previously, and the president or superintendent 
shall report annually, under oath, to the Comptroller or Governor, 
their acts and doings, which report shall include such matters relat- 
ing to railroads as may be prescribed by law. The Legislature shall 
pass laws enforcing by suitable penalties the provisions of this section. 
Sec. 4. The rolling stock and all other movable property belong- 
ing to any railroad company or corporation in this State shall be 
considered personal property, and its real and personal property, or 
any part thereof, shall be liable to execution and sale in the same 
manner as the property of individuals ; and the Legislature shall 
pass no laws exempting any such property from execution and sale. 
Sec. 5. No railroad or other corporation, or the lessees, pur- 
chasers, or managers of any railroad corporation, shall consolidate 
the stock, property, or franchises of such corporation with, or lease 
or purchase the works or franchises of, or in any way control any 
railroad corporation owning or having under its control a parallel or 
competing line ; nor shall any officer of such railroad corporation 
act as an officer of any other railroad corporation owning or having 
the control of a parallel or competing line. 

Sec. 6. No railroad company organized under the laws of this 
State shall consolidate by private or judicial sale or otherwise with 
any railroad company organized under the laws of any other State or 
of the United States. 

Sec. 7. No law shall be passed by the Legislature granting the 
right to construct and operate a street railroad within any city, town, 
or village, or upon any public highway, without first acquiring the 
consent of the local authorities having control of the street or high- 
way proposed to be occupied by such street railroad. 



CoKStitUtioK of texa.^. 219 

Sec. 8. No railroad corporation in existence at the time of the 
adoption of this Constitution shall have the benefit of any future 
legislation, except on condition of complete acceptance of all the pro- 
visions of this Constitution applicable to railroads. 

Sec. 9. No railroad hereafter constructed in this State shall pass 
within a distance of three miles of any county seat without passing- 
through the same, and establishing and maintaining a depot therein, 
unless prevented by natural obstacles, such as streams, hills, or mount- 
ains ; provided, such town or its citizens shall grant the right of way 
through its limits, and sufficient ground for ordinary depot purposes. 

ARTICLE XI. 

MUNICIPAL CORPORATIONS. 

Section 1. The several counties of this State are hereby recog- 
nized as legal subdivisions of the State. 

Sec. 2. The construction of jails, court-houses, and bridges, and 
the establishment of county poor-houses and farms, and the lading 
out, construction, and repairing of county roads shall be provided for 
by general laws. 

Sec. 3. No county, city, or other municipal corporation shall 
hereafter become a subscriber to the capital of any private corpora- 
tion or association, or make any appropriation or donation to the same, 
or in anywise loan its credit ; but this shall not be construed to in any 
way affect any obligation heretofore undertaken pursuant to law. 

Sec. 4. Cities and towns having a population of ten thousand in- 
habitants or less, may be chartered alone by general law. They may 
levy, assess, and collect an annual tax to defray the current expenses 
of their local government, but such tax shall never exceed, for any 
one year, one fourth of one per cent., and shall be collectable only in 
current money. And all license and occupation tax levied, and all 
fines, forfeitures, penalties, and other dues accruing to cities and 
towns shall be collectable only in current money. 

Sec. 5. Cities having more than ten thousand inhabitants may 
have their charters granted or amended by special act of the Legis- 
lature, and may levy, assess, and collect such taxes as may be 



220 CONSTITUTION OF TEXAS. 

authorized by law, but no tax for any purpose shall ever be lawful, 
for any one year, which shall exceed two and one half per cent, of 
the taxable property of such city ; and no debt shall ever be created 
by any city, unless at the same time provision be made to assess and 
collect annually a sufficient sum to pay the interest thereon and 
create a sinking fund of at least two per cent, thereon. 

Sec. 6. Counties, cities, and towns are authorized, in such mode 
as may now or may hereafter be provided by law, to levy, assess, 
and collect the taxes necessary to pay the interest and provide a 
sinking fund to satisfy any indebtedness heretofore legally made and 
undertaken ; but all such taxes shall be assessed and collected sepa- 
rately from that levied, assessed, and collected for current expenses 
of municipal government, and shall when levied specify in the act of 
levying the purpose therefor ; and such taxes may be paid in the 
coupons, bonds, or other indebtedness for the payment of which such 
tax may have been levied. 

Sec. 7. All counties and cities bordering on the coast of the Gulf 
of Mexico are hereby authorized, upon a vote of two thirds of the 
tax-payers therein (to be ascertained as may be provided by law), to 
levy and collect such tax for construction of sea-walls, breakwaters, 
or sanitary purposes, as may be authorized by law, and may create 
a debt for such works and issue bonds in evidence thereof. But no 
debt for any purpose shall ever be incurred in any manner by any 
city or county, unless provision is made at the time of creating the 
same, for levying and collecting a sufficient tax to pay the interest 
thereon and provide at least two per cent, as a sinking fund ; and 
the condemnation of the right of way for the erection of such works 
shall be fully provided for. 

Sec. 8. The counties and cities on the Gulf coast being subject to 
calamitous overflows, and a very large proportion of the general 
revenue being derived from those otherwise prosperous localities, the 
Legislature is especially authorized to aid by donation of such portion 
of the public domain as may be deemed proper, and in such mode as 
may be provided by law, the construction of sea-walls, or break- 
waters, such aid to be proportioned to the extent and value of the 
works constructed, or to be constructed, in any locality. 



CONSTITUTION OF TEXAS. 221 

Sec. 9. The property of counties, cities, and towns owned and 
held only for public purposes, such as public buildings and the sites 
therefor, fire engines and the furniture thereof, and all property 
used or intended for extinguishing fires, public grounds, and all other 
property devoted exclusively to the use and benefit of the public, 
shall be exempt from forced sale and from taxation ; provided, noth- 
ing herein shall prevent the enforcement of the vendor's lien, the 
mechanic's or builder's lien, or other liens now existing. 

Sec. 10. The Legislature may constitute any city or town a sep- 
arate and independent school district. And when the citizens of any 
city or town have a charter, authorizing the city authorities to levy 
and collect a tax for the support and maintenance of a public insti- 
tution of learning, such tax may hereafter be levied and collected, if, 
at any election held for that purpose, two thirds of the tax-payers of 
such city or town shall vote for such tax. 

ARTICLE XII. 

PRIVATE CORPORATIONS. 

Section 1. No private corporations shall be created except by 
general laws. 

Sec. 2. General laws shall be enacted providing for the creation 
of private corporations, and shall therein provide fully for the ade- 
quate protection of the public and of the individual stockholders. 

Sec. 3. The right to authorize and regulate freights, tolls, wharf- 
age, or fares levied and collected or proposed to be levied and col- 
lected by individuals, companies, or corporations, for the use of 
highways, landings, wharves, bridges, and ferries, devoted to public 
use, has never been and shall never be relinquished or abandoned by 
the State, but shall always be under legislative control and depend 
upon legislative authority. 

Sec. 4. The first Legislature assembled after the adoption of this 
Constitution shall provide a mode of procedure by the Attorney-gen- 
eral and District or County Attorneys, in the name and behalf of the 
State, to prevent and punish the demanding and receiving or collec- 
tion of any and all charges as freight, wharfage, fares, or tolls, for 



22^ CONSTITUTION OF TEXAS. 

the use of property devoted to the pubhc, unless the same shall have 
been specially authorized by law. 

Sec. 5. All laws granting the right to demand and collect freights, 
fares, tolls, or wharfage shall at all times be subject to amendment, 
modification, or repeal by the Legislature. 

Sec. 6. No corporation shall issue stock or bonds except for 
money paid, labor done, or property actually received, and all ficti- 
tious increase of stock or indebtedness shall be void. 

Sec. 7. Nothing in this Article shall be construed to divest or 
affect rights guaranteed by any existing grant or statute of this 
State, or of the Republic of Texas. 

ARTICLE XIII. 

SPANISH AND MEXICAN LAND TITLES. 

Section 1. All fines, penalties, forfeitures, and escheats, which 
have heretofore accrued to the Republic and State of Texas, under 
their constitutions and laws, shall accrue to the State under this Con- 
stitution ; and the Legislature shall provide a method for determining 
what lands have been forfeited, and for giving effect to escheats; 
and all such rights of forfeiture and escheats to the State shall, ipso 
facto, inure to the protection of the innocent holders of junior titles, 
as provided in Sections 2, 3, and 4 of this Article. 

Sec. 2. Any claim of title or right to land in Texas, issued prior 
to the 13th day of November, 1835, not duly recorded in the county 
where the land was situated at the time of such record, or not duly 
archived in the General Land Office, or not in the actual possession 
of the grantee thereof, or some person claiming under him, prior to 
the accruing of junior title thereto from the sovereignty of the soil, 
under circumstances reasonably calculated to give notice to said 
junior grantee, has never had, and shall not have, standing or effect 
against such junior title, or color of title, acquired without such or 
actual notice of such prior claim of title or right ; and no condition 
annexed to such grants, not archived, or recorded, or occupied as 
aforesaid, has been, or ever shall be released or waived, but actual 
performance of all such conditions shall be proved by the person or 



CONSTITUTION OF TEXAS. 223 

persons claiming under such title or claim of right in order to main- 
tain action thereon, and the holder of such junior title, or color of 
title, shall have all the rights of the Government which have hereto- 
fore existed, or now exist, arising from the non-performance of all 
such conditions. 

Sec. 3. Non-payment of taxes on any claim of title to land, dated 
prior to the 13th day of jSTovember, 1835, not recorded or archived, 
as provided in Section 2, by the person or persons so claiming, or 
those under whom he or they so claim, from that date up to the 
date of the adoption of this Constitution, shall be held to be a pre- 
sumption that the right thereto has reverted to the State, and that 
said claim is a stale demand, which presumption shall only be re- 
butted by payment of all taxes on said lands. State, county, and 
city or town, to be assessed on the fair value of such lands by the 
Comptroller, and paid to him, without commutation or deduction for 
any part of the above period. 

Sec. 4. No claim of title or right to land, which issued prior to 
the 13th day of November, 1835, which has not been duly recorded 
in the county where the land was situated at the time of such 
record, or which has not been duly archived in the General Land 
Office, shall ever hereafter be deposited in the General Land Office, 
or recorded in this State, or delineated on the maps, or used as 
evidence in any of the courts of this State, and the same are stale 
claims ; but this shall not affect such rights or presumptions as arise 
from actual possession. By the words, "duly recorded," as used 
in Sections 2 and 4 of this Article, it is meant that such claim 
of title or right to land shall have been recorded in the proper 
office, and that mere errors in the certificate of registration, or in- 
formality, not affecting the fairness and good faith of the holder 
thereof, with which the record was made, shall not be held to vitiate 
such record. 

Sec. 5. All claims, locations, surveys, grants, and titles, of any 
kind, which are declared null and void by the Constitution of the 
Republic or State of Texas, are, and the same shall remain forever, 
null and void. 

Sec. 6. The Legislature shall pass stringent laws for the detection 



224 CONSTITUTtO^ OF TElJtAS. 

and conviction of all forgers of land titles, and may make such 
appropriations of money for that purpose as may be necessary. 

Sec. 7. Sections 2, 3, 4, and 5 of this Article shall not be so con- 
strued as to set aside or repeal any law or laws of the Republic or 
State of Texas, releasing the claimants of headrights of colonists of a 
league of land, or less, from compliance with the conditions on which 
their grants were made. 

ARTICLE XIV. 

PUBLIC LANDS AND LAND OFFICE. 

Section 1. There shall be one General Land Office in the State, 
which shall be at the seat of government, where all land titles which 
have emanated or may hereafter emanate from the State shall be 
registered, except those titles the registration of which may be pro- 
hibited by this Constitution. It shall be the duty of the Legislature 
at the earliest practicable time to make the Land Office self-sustain- 
ing, and from time to time the Legislature may establish such sub- 
ordinate offices as may be deemed necessary. 

Sec. 2. All unsatisfied genuine land certificates barred by Section 
4, Article 10, of the Constitution of 1869, by reason of the holders 
or owners thereof failing to have them surveyed and returned to the 
Land Office by the first day of January, 1875, are hereby revived. 
All unsatisfied genuine land certificates now in existence shall be sur- 
veyed and returned to the General Land Office within five years after 
the adoption of this Constitution, or be forever barred ; and all 
genuine land certificates hereafter issued by the State shall be sur- 
veyed and returned to the General Land Office within five years 
after issuance, or be forever barred ; provided, that all genuine land 
certificates heretofore or hereafter issued shall be located, surveyed, 
or patented only upon vacant and unappropriated public domain, 
and not upon any land titled or equitably owned under color of 
title from the sovereignty of the State, evidence of the appropria- 
tion of which is on the county records or in the General Land Office ; 
or when the appropriation is evidenced by the occupation of the owner, 
or of some person holding for him. 



CONSTITUTION O^ TEXAS. 225 

Sec. 3. The Legislature shall have no power to grant any of the 
lands of this State to any railway company except upon the following 
restrictions and conditions : 

First.— That there shall never be granted to any such corporation 
more than sixteen sections to the mile, and no reservation of any 
part of the public domain for the purpose of satisfying such grant 
shall ever be made. 

Second.— That no land certificate shall be issued to such company 
until they have equipped, constructed, and in running order at least 
ten miles of road; and on the failure -of such company to comply 
with the terms of its charter, or to alienate its land at a period 
to be fixed by law, in no event to exceed twelve years from the 
issuance of the patent, all said land shall be forfeited to the State 
and become a portion of the public domain, and liable to location 
and survey. The Legislature shall pass general laws only, to give 
effect to the provisions of this Section. 

Sec. 4. No certificate for land shall be sold at the Land Office 
except to actual settlers upon the same, and in lots not to exceed 
one hundred and sixty acres. 

Sec. 5. All lands heretofore or hereafter granted to railway com- 
panies, where the charter or law of the State required or shall 
hereafter require their alienation within a certain period, on pain 
of forfeiture, or is silent on the subject of forfeiture, and which 
lands have not been or shall not hereafter be alienated, in con- 
formity with the terms of their charters, and the laws under which 
the grants were made, are hereby declared forfeited to the State 
and subject to pre-emption, location, and survey, as other vacant 
lands. All lands heretofore granted to said railroad companies, to 
which no forfeiture was attached on their failure to alienate, are 
not included in the foregoing clause; but in all such last-named 
cases it shall be the duty of the Attorney-general, in every instance 
where alienations have been or hereafter may be made, to inquire 
into the same, and if such alienation has been made in fraud of 
the rights of the State, and is colorable only, the real and beneficial 
interest being still in such corporation, to institute legal proceed- 
ings in the county where the seat of government is situated, to 



226 CONSTITUTION OF TEXAS. 

forfeit such lands to the State, and if such ahenation be judicially 
ascertained to be fraudulent and colorable as aforesaid, such lands 
shall be forfeited to the State and become a part of the vacant 
public domain, liable to pre-emption, location, and survey. 

Sec. 6. To every head of a family without a homestead there 
shall be donated one hundred and sixty acres of public land, upon 
condition that he well select and locate said land, and occupy the 
same three years, and pay the office fees due thereon. To all single 
men of eighteen years of age and upward shall be donated eightj^ 
acres of public land, upon -the terms and conditions prescribed for 
heads of families. 

Sec. 7. The State of Texas hereby releases to the owner or owners 
of the soil all mines and minerals that may be on the same, subject 
to taxation as other property. 

Sec. 8. Persons residing between the Nueces River and the Rio 
Grande, and owning grants for lands which emanated from the gov- 
ernment of Spain, or that of Mexico, which grants have been recog- 
nized and validated by the State, by acts of the Legislature, approved 
February 10, 1852, August 15, 1870, and other acts, and who have 
been prevented from complying with the requirements of said acts 
by the unsettled condition of the country, shall be allowed until the 
first day of January, 1880, to complete their surveys, and the plats 
thereof, and to return their field-notes to the General Land Office ; 
and all claimants failing to do so shall be forever barred ; provided, 
nothing in this section shall be so construed as to validate any titles 
not already valid, or to interfere with the rights of third persons. 

ARTICLE XV. 

impeachment. 

Section 1. The power of impeachment shall be vested in the 
House of Representatives. 

Sec. 2. Impeachment of the Governor, Lieutenant-governor, At- 

Sec. I.— 1. What is the difference between impeachment and the trial of im- 
peachment ? 

Sec. II.— 1. AVhat officers are tried by the Senate ? 



CONSTITUTIOX OF TEXAS. 22 7 

torney-general, Treasurer, Commissioner of the General Land Office, 
Comptroller, and the Judges of the Supreme Court, Court of Appeals, 
and District Court, shall be tried by the Senate. 

Sec. 3. When the Senate is sitting as a Court of Impeachment, 
the Senators shall be on oath, or affirmation, impartially to try the 
party impeached, and no person shall be convicted without the con- 
currence of two thirds of the Senators present. 

Sec. 4. Judgment in cases of impeachment shall extend only to 
removal from office, and disqualification from holding any office of 
honor, trust, or profit, under this State. A party convicted on im- 
i:)eachment shall also be subject to indictment, trial, and punishment, 
according to law. 

Sec. 5. All officers against whom articles of impeachment may 
be preferred shall be suspended from the exercise of the duties of 
their office, during the pendency of such impeachment. The Gov- 
ernor may make a provisional appointment to fill the vacancy oc- 
casioned by the suspension of an officer, until the decision on the 
impeachment. 

Sec. 6. Any Judge of the District Courts of the State who is in- 
competent to discharge the duties of his office, or who shall be guilty 
of partiality, or oppression, or other official misconduct, or whose 
habits and conduct are such as to render him unfit to hold such 
office, or who shall negligently fail to perform his duties as judge, or 
who shall fail to execute in a reasonable measure the business in his 
courts, may be removed by the Supreme Court. The Supreme Court 
shall have original jurisdiction to hear and determine the causes 
aforesaid when presented in writing upon the oaths, taken before 
some Judge of a Court of Record, of not less than ten lawyers, 
practicing in the courts held by such judge, and licensed to practice 
in the Supreme Court ; said presentment to be founded either upon 
the knowledge of the persons making it or upon the written oaths as 
to the facts of creditable witnesses. The Supreme Court may issue 
all needful process and prescribe all needful rules to give effect to 

Sec. ITI.— 1. How many votes are necessary to convict? 

Sec. IV.— 1. How is the convicted person punished? 

Sec. VI.— 1. For what causes may a District Judge be removed? 



228 'CONSTITUTION OF TEXAS. 

this section. Causes of this kind shall have precedence and be tried 
as soon as practicable. 

Sec. 7. The Legislature shall provide by law for the trial and re- 
moval from office of all officers of this State, the modes for which 
have not been provided in this Constitution. 

ADDRESS. 

Sec. 8. The Judges of the Supreme Court, Court of Appeals, and 
District Courts, shall be removed by the Governor on the address of 
two thirds of each House of the Legislature, for willful neglect of 
duty, incompetency^ habitual drunkenness, oppression in office, or 
other reasonable cause which shall not be sufficient ground for im- 
peachment ; x^i^ovided, Iwicever, that the cause or causes for which 
such removal shall be required shall be stated at length in such ad- 
dress and entered on the journals of each House ; and provided 
further, that the cause or causes shall be notified to the judge so in- 
tended to be removed, and he shall be admitted to a hearing in his 
own defense before any vote for such address shall pass ; and in all 
such cases, the vote shall be taken by yeas and nays, and entered on 
the journals of each House respectively. 

ARTICLE XVI. 

general provisions. 

Section 1. Members of the Legislature, and all officers, before 
they enter upon the duties of their offices, shall take the following 

oath or affirmation: "I ( ) do solemnly swear (or affirm), that 

I will faithfully and impartially discharge and perform all the duties 

incumbent upon me as , according to the best of m}^ skill and 

ability, agreeably to the Constitution and laws of the United States 
and of this State ; and I do further solemnly swear (or affirm), that 
since the adoption of the Constitution of this State, I, being a citizen 
of this State, have not fought a duel with deadly weapons, within this 
State nor out of it, nor have I sent or accepted a challenge to fight a 

Sec. Vm.— 1. For what causes may a Supreme Judge be removed? 

Skc. I. — 1. Give the substance of the oath legislators are required to take. 



CONSTITUTION OF TEXAS. 229 

duel with deadly weapons, nor have I acted as second in carrying 
a challenge, or aided, advised, or assisted any person thus offending. 
And I furthermore solemnly swear (or affirm), that I have not 
directly nor indirectly paid, offered, or promised to pay, contributed 
nor promised to contribute any money, or valuable thing, or promised 
any public office or employment, as a reward for the giving or with- 
holding a vote at the election at which I was elected (or if the office 
is one of appointment, to secure my appointment). So help me 
God." 

Sec. 2. Laws shall be made to exclude from office, serving on 
juries, and from the right of suffrage, those wdio may have been or 
shall hereafter be convicted of bribery, perjury, forgery, or other 
high crimes. The privilege of free suffrage shall be protected by 
laws regulating elections, and prohibiting under adequate penalties 
all midue influence therein from power, bribery, tumult, or other im- 
proper practice. 

Sec. 3. The Legislature shall make provisions whereby persons 
convicted of misdemeanors and committed to the county jails in de- 
fault of payment of fines and costs, shall be required to discharge 
such fines and costs Ijy manual labor, under such regulations as may 
be prescribed by law. 

Sec. 4. Any citizen of this State who shall, after the adoption of 
this Constitution, fight a duel wath deadly weapons, or send or 
accept a challenge to fight a duel with deadly weapons, either 
within this State or out of it, or who shall act as second, or know- 
ingly assist in any manner those thus offending, shall be deprived of 
the right of suffrage, or of holding any office of trust or profit under 
this State. 

Sec. 5. Every person shall be disqualified from holding any office 
of profit ox trust in this State, who shall have been convicted of 
having given or offered a bribe to procure his election or appoint- 
ment. 

Sec. 6. No appropriation for private or individual purposes shall 
be made. A regular statement, imder oath, and an account of the 

Sec. rV.— 1. What is the punishment for taking any part in a duel? 
Sec. v.— 1. Give the section. 



230 CONSTITUTION OF TEXAS. 

receipts and expenditures of all public money shall be published an- 
nually, in such manner as shall be prescribed by law. 

Sec. 7. The Legislature shall, in no case, have power to issue 
" Treasury Warrants," "Treasury Notes," or paper of any description 
intended to circulate as money. 

Sec. 8. Each county in the State may provide, in such manner 
as may be prescribed by law, a manual-labor poorhouse and farm, 
for taking care of, managing, employing, and supplying the wants 
of its indigent and poor inhabitants. 

Sec. 9. Absence on business of the State, or of the United States, 
shall not forfeit a residence once obtained, so as to deprive any one 
of the right of suffrage, or of being elected or appointed to any 
office, under the exceptions contained in this Constitution. 

Sec. 10. The Legislature shall provide for deductions from the 
salaries of public officers who may neglect the performance of any 
duty that miay be assigned them by law. 

Sec. 11. The legal rate of interest shall not exceed eight per 
cent, per annum, in the absence of any contract as to the rate of 
interest ; and by contract parties may agree upon any rate not to 
exceed twelve per cent, per annum. All interest charged above this 
last-named rate shall be deemed usurious, and the Legislature shall, 
at its first session, provide appropriate pains and penalties to prevent 
and punish usury. 

Sec. 12. No member of Congress, nor person holding or exer- 
cising any office of profit or trust under the United States, or either 
of them, or under any foreign power, shall be eligible as a member 
of the Legislature, or hold or exercise any office of profit or trust 
under this State. 

Sec. 13. It shall be the duty of the Legislature to pass such laws 
as may be necessary and proper to decide differences by arbitration, 
when the parties shall elect that method of trial. 

Sec. 14 All civil officers shall reside within the State ; and all 

Sec. VTIT.— 1. For what does this section provide? 

Sec. XI.— 1. What is the legal rate of interest? 2. "What is the highest rate 
■permitted by law? 3. Explain how, in spite of this law, so many people charge 
eighteen and twenty per cent, interest. 

Sec. XII.— 1. Who are ineligible to State offices? 



CONSTITUTION OF TEXAS. 231 

district or county officers within their districts or counties, and shall 
keep their offices at such places as may be required by law ; and 
failure to comply with this condition shall vacate the office so held. 

Sec. 15. All property, both real and personal, of the wife, owned 
or claimed by her before marriage, and that acquired afterward by 
gift, devise, or descent, shall be her separate property ; and laws 
shall be passed more clearly defining the rights of the wife, in rela- 
tion as well to her separate property as that held in common with 
her husband. Laws shall also be passed providing for the registra- 
tion of the wife's separate property. 

Sec. 16. No corporate body shall hereafter be created, renewed, 
or extended with banking or discounting privileges. 

Sec. 17. All officers within this State shall continue to perform 
the duties of their offices until their successors shall be duly qualified. 

Sec. 18. The rights of property and of action which have been 
acquired under the Constitution and laws of the Republic and State 
shall not be divested ; nor shall any rights or actions which have 
been divested, barred, or declared null and void by the Constitution 
of the Republic and State, be re-invested, renewed, or re-instated by 
this Constitution ; but the same shall remain precisely in the situa- 
tion in w^hich they were before the adoption of this Constitution, 
unless otherwise herein provided ; and provided further, that no 
cause of action heretofore barred shall be revived. 

Sec. 19. The Legislature shall prescribe by law the qualification 
of grand and petit jurors. 

Sec. 20. The Legislature shall, at its first session, enact a law 
whereby the qualified voters of any county, justice's precinct, town, 
or city, by a majority vote, from time to time, may determine 
whether the sale of intoxicating liquors shall be prohibited within the 
prescribed limits. 

Sec 21. All stationary and printing, except proclamations and 
such printing as may be done at the Deaf and Dumb Asylum, paper, 
and fuel used in the legislative and other departments of the govern- 
ment, except the judicial department, shall be furnished, and the 

Sec. XIV.— 1. Where must State, district, and county officers live? 
Sbc XV.— 1. VTiat is said of tne wife's property? 



232 CONSTITUTION OF TEXAS. 

printing and binding of the laws, journals, and department reports, 
and all other printing and binding, and the repairing and furnishing 
the halls and rooms used for the meetings of the Legislature, and its 
committees, shall be performed under contract, to be given to the 
lowest responsible bidder, below such maximum price, and under such 
regulations as shall be prescribed by law. No member or officer of 
any department of the government shall be in any way interested in 
such contracts; and all such contracts shall be subject to the ap- 
proval of the Q-overnor, Secretary of State, and Comptroller. 

Sec. 22. The Legislature shall have the power to pass such fence 
laws, applicable to any subdivision of the State, or counties, as may 
be needed to meet the wants of the people. 

Sec. 23. The Legislature may pass laws for the regulation of live 
stock and the protection of stock-raisers in the stock-raising portion 
of the State, and exempt from the operation of such laws other por- 
tions, sections, or counties ; and shall have power to pass general and 
special laws for the inspection of cattle, stock, and hides, and for the 
regulation of brands; provided, that any local law thus passed shall 
be submitted to the freeholders of the section to be affected thereby, 
and approved by them, before it shall go into effect. 

Sec. 24. The Legislature shall make provision for laying out and 
working public roads, for the building of bridges, and for utilizing 
fines, forfeitures, and convict labor to all these purposes. 

Sec. 25. That all drawbacks and rebatement of insurance, freight, 
transportation, carriage, wharfage, storage, compressing, baling, re- 
pairing, or for any other kind of labor or service, of or to any cotton, 
grain, or any other produce or article of commerce in this State, paid, 
or allowed, or contracted for to any common carrier, shipper, mer- 
chant, commission merchant, factor, agent, or middle-man of any 
kind, not the true and absolute owner thereof, are forever prohibited, 
and it shall be the duty of the Legislature to pass effective laws 
punishing all persons in this State who pay, receive, or contract for 
or respecting the same. 

Sec. 26. Every person, corporation, or company that may com- 
mit a homicide, through willful act, or omission, or gross neglect, shall 
be responsible, in exemplary damages, to the surviving husband, 



CONSTITUTION OF TEXAS. 233 

widow, heirs of his or her body, or such of them as there may be, 
without regard to any criminal proceeding that may or may not be 
had in relation to the homicide. 

Sec. 27. In all elections to fill vacancies of office in this State, it 
shall be to fill the unexpired term only. 

Sec. 28. No current wages for personal service shall ever be sub- 
ject to garnishment. 

Sec. 29. The Legislature shall provide by law for defining and 
punishing barratry. 

Sec. 30. The duration of all offices not fixed by this Constitution 
shall never exceed two years. 

Sec. 31. The Legislature may pass laws prescribing the qualifica- 
tions of practitioners of medicine in this State, and to punish persons 
for malpractice, but no preference shall ever be given by law to any 
schools of medicine. 

Sec. 32. The Legislature may provide by law for the establish- 
ment of a Board of Health and Vital Statistics, under such rules and 
regulations as it may deem proper. 

Sec. 33. The accounting officers of this State shall neither draw 
nor pay a warrant upon the treasury in favor of any person for 
salary or compensation as agent, officer, or appointee, who holds at 
the same time any other office or position of honor, trust, or profit 
under this State or the United States, except as prescribed in this 
Constitution. 

Sec. 34. The Legislature shall pass laws authorizing the Governor 
to lease or sell to the government of the United States a sufficient 
quantity of the public domain of the State, necessary for the erection 
of forts, barracks, arsenals, and military stations, or camps, and for 
other needful niilitary purposes ; and the action of the Governor 
therein shall be subject to the approval of the Legislature. 

Sec. 35. The Legislature shall, at its first session, pass laws to 
protect laborers on public buildings, streets, roads, railroads, canals, 
and other similar public works, against the failure of contractors and 
sub-contractors to pay their current wages when due, and to make 
the corporation, company, or individual for whose benefit the work is 
done, responsible for their ultimate payment. 



234 CONSTITUTION OF TEXAS. 

Sec. 36. The Legislature shall, at its first session, provide for the 
payment, or funding, as they may deem best, of the amounts found 
to be justly due to the teachers in the public schools, by the State, 
for service rendered prior to the first day of July, 1873, and for 
the payment by the school districts in the State of amounts justly 
due teachers of public schools by such district to January, 1876. 

Sec. 37. Mechanics, artisans, and material men, of every class, 
shall have a lien upon the buildings and articles made or repaired 
by them, for the value of their labor done thereon, or material fur- 
nished therefor; and the Legislature shall provide by law for the 
speedy and efficient enforcement of said liens. 

Sec. 38. The Legislature may, at such time as the public interest 
may require, provide for the office of Commissioner of Insurance, 
Statistics, and History, whose term of office, duties, and salary shall 
be prescribed by law. 

Sec. 39. The Legislature may, from time to time, make appro- 
priations for preserving and perpetuating memorials of the history 
of Texas, by means of monuments, statues, paintings, and documents 
of historical value. 

Sec. 40. No person shall hold or exercise, at the same time, more 
than one civil office of emolument, except that of Justice of the 
Peace, County Commissioner, Notary Public, and Postmaster, unless 
otherwise specially provided herein. 

Sec. 41. Any person who shall, directly or indirectly, offer, give, 
or promise any money or thing of value, testimonial, privilege, or 
personal advantage, to any executive or judicial officer or member 
of the Legislature, to influence him in the performance of any of his 
public or official duties, shall be guilty of bribery, and be punished 
in such manner as shall bo provided by law. And any member of 
the Legislature, or executive or judicial officer who shall solicit, 
demand, or receive, or consent to receive, directly or indirectly, for 
himself or for another, from any company, corporation, or person, 
any money, appointment, employment, testimonial, reward, thing of 
value or employment, or of personal advantage or promise thereof, 
for his vote or official influence, or for withholding the same, or with 
any understanding, expressed or implied, that his vote or official 



COKSTITUTIOI^ OF TEXAS. 235 

action shall be in any way influenced thereby, or who shall solicit, 
demand, and receive any such money or other advantage, matter, or 
thing aforesaid for another, as the consideration of his vote or official 
influence, in consideration of the payment or promise of such money, 
advantage, matter, or thing to another, shall be held guilty of bribery, 
within the meaning of the Constitution, and shall incur the disabili- 
ties provided for said ofl'enses, with a forfeiture of the office they 
may hold, and such other additional punishment as is or shall be 
provided by law. 

Sec. 42. The Legislature may establish an Inebriate Asylum for 
the cure of drunkenness and reform of inebriates. 

Sec. 43. No man or set of men shall ever be exempted, relieved, 
or discharged from the performance of any public duty or service 
imposed by general law, by any special law. Exemptions from the 
performance of such public duty or service shall only be made by 
general law. 

Sec. 44. The Legislature shall prescribe the duties and provide 
for the election by the qualified voters of each county in this State, 
c.f a County Treasurer and a County Surveyor, Avho shall have an 
office at the county seat, and hold their oflSce for two years, and 
until their successors are qualified ; and shall have such compensa- 
tion as may be provided by law. 

Sec. 45. It shall be the duty of the Legislature to provide for 
collecting, arranging, and safely keeping such records, rolls, corre- 
spondence, and other documents, civil and military, relating to the 
history of Texas, as may be now in the possession of parties willing 
to confide them to the care and preservation of the State. 

Sec. 46. The Legislature shall provide by law for organizing and 
disciplining the militia of the State, in such manner as they shall 
deem expedient, not incompatible with the Constitution and laws of 
the United States. 

Sec 47. Any person who conscientiously scruples to bear arms 
shall not be compelled to do so, but shall pay an equivalent for per- 
sonal service. 

Sec 48. All laws and parts of laws now in force in the State of 
Texas, which are not repugnant to the Constitution of the United 



236 CONSTITUTION OF TEXAS. 

States, or to this Constitution, shall continue and remain in force as 
the laws of this State, until they expire bj^ their own limitation or 
shall be amended or repealed by the Legislature. 

Sec. 49. The Legislature shall have power, and it shall be its 
duty, to protect by law from forced sale a certain portion of the 
personal property of all heads of families, and also of unmarried 
adults, male and female. 

Sec. 50. The homestead of a family shall be, and is hereby pro- 
tected from forced sale for the payment of all debts, except for the 
purchase-money thereof, or a part of such purchase-money, the taxes 
due thereon, or for work and material used in constructing improve- 
ments thereon, and in this last case only when the work and material 
are contracted for in writing, with the consent of the wife, given in 
the same manner as is required in making a sale and conveyance of 
the homestead ; nor shall the owner, if a married man, sell the 
homestead without the consent of the wife, given in such manner as 
may be prescribed by law. No mortgage, trust deed, or other lien on 
the homestead shall ever be valid, except for the purchase-money 
therefor, or improvements made thereon, as hereinbefore provided, 
whether such mortgage, or trust deed, or other lien shall have been 
created by the husband alone, or together with his wife ; and all 
pretended sales of the homestead involving any condition of defea- 
sance shall be void. 

Sec. 51. The homestead, not in a town or city, shall consist of 
not more than two hundred acres of land, which may be in one or 
more parcels, with the improvements thereon ; the homestead in a 
city, town, or village shall consist of lot, or lots, not to exceed in 
value five thousand dollars, at the time of their designation as the 
homestead, without reference to the value of any improvements 
thereon ; provided, that the same shall be used for the purpose of a 
home, or as a place to exercise the calling or business of the head of 
a family ; provided also, that any temporary renting of the homestead 
shall not change the character of the same, when no other homestead 
has been acquired. 

Sec. 52. On the death of the husband or wife, or both, the home- 
stead shall descend and vest in like manner as other real property of 



CONSTITUTION OF TEXAS. I 

the deceased, and shall be governed by the same laws of descenL -<x..^ 
distribution, but it shall not be partitioned among the heirs of the 
deceased during the hfe-time of the surviving husband or wife, or so 
long as the survivor may elect to use or occupy the same as a home- 
stead, or so long as the guardian of the minor children of the de- 
ceased may be permitted, under the order of the proper court having 
the jurisdiction, to use and occupy the same. 

Sec. 53. That no inconvenience may arise from the adoption of 
this Constitution, it is declared that all process and writs of all kinds 
which have been or may be issued and not returned or executed 
when this Constitution is adopted, shall remain valid, and shall not 
be in any way affected by the adoption of this Constitution. 

Sec. 54. It shall be the duty of the Legislature to provide for 
the custody and maintenance of indigent lunatics, at the expense of 
the State, under such regulations and restrictions as the Legislature 
may prescribe. 

Sec. 55. The Legislature may provide annual pensions, not to 
exceed one hundred and fifty dollars per annum, to surviving soldiers 
or volunteers, in the war between Texas and Mexico, from the com- 
mencement of the revolution in 1835, until the first of January, 
1837 ; and also to the surviving signers of the Declaration of Inde- 
pendence of Texas; and to the surviving widows continuing un- 
married of such soldiers and signers ; provided, that no such pension 
be granted except to those in indigent circumstances, proof of which 
shall be made before the County Court of the county where the ap- 
phcant resides, in such manner as may be provided by law. 

Sec. 56. The Legislature shall have no power to appropriate any 
of the public money for the estabhshment and maintenance of a 
bureau of immigration, or for any purpose of bringing immigrants to 

this State. 

Sec. 57. Three million acres of the public domain are hereby ap- 
propriated and set apart for the purpose of erecting a new State 
capitol and other necessary pubhc buildings at the seat of Govern- 
ment, said lands to be sold under the direction of the Legislature; 
and the Legislature shall pass suitable laws to carry this section mto 
effect. 



238 CONSTITUTION" OF TEXAS. 

ARTICLE XVII. 

Mode of amending the constitution of this state. 

Section 1. The Legislature, at any biennial session, by a vote of 
two thirds of all the members elected to each House, to be entered 
by yeas and nays on the journals, may propose amendments to the 
Constitution, to be voted upon by the qualified electors for members 
of the Legislature, which proposed amendments shall be duly pub- 
lished once a week for four weeks, commencing at least three months 
before an election, the time of which shall be specified by the Legis- 
lature, in one weekly newspaper of each county, in which such a 
newspaper may be published ; and it shall be the duty of the several 
returning officers of said election to open a poll for, and make re- 
turns to the Secretary of State, of the number of legal votes cast at 
said election for and against said amendments ; and if more than one 
be proposed, then the number of votes cast for and against each of 
them ; and if it shall appear from said return that a majority of the 
votes cast have been cast in favor of any amendment, the said 
amendment so receiving a majority of the votes cast shall become a 
part of this Constitution, and proclamation shall be made by the Gov- 
ernor thereof. 

Done by the delegates of the people of Texas, in Convention 
assembled, in the city of Austin, on this the twenty-fourth day of 
November, in the year of our Lord one thousand eight hundred and 
seventy-five. 

In testimony whereof we hereunto subscribe our names : 

Edward B. Pickett, 
President of the Convention. 
Leigh Chalmers, 

Secretary of the Convention. 



AMENDMENTS TO THE CONSTITUTION OF THE 
STATE OF TEXAS. 



ARTICLE V. 

ADDITIONAL SECTIONS. 

Sec. 29. The County Court shall hold at least four terms for 
both civil and criminal business annually, as may be provided by 
the Legislature, or by the Commissioners' Court of the county under 
authorit}^ of law, and such other terms each year as may be fixed 
by the Commissioners' Court ; provided, the Commissioners' Court of 
any county having fixed the time and number of terms of the 
County Court, shall not change the same again till the expiration of 
one year. Said court shall dispose of probate business either in term 
time or vacation, under such regulation as may be prescribed by 
law. Prosecutions may be commenced in said courts in such manner 
as is, or may be, provided by law, and a jury therein shall consist 
of six men. Until otherwise provided, the terms of the County Court 
shall be held on the first Mondays in February, May, August, and 
November, and may remain in session three weeks. 

ARTICLE VII. 

Sections 3, 4, and G, amended so as to read as folloivs: 

Sec. 3. One fourth of the revenue derived from the State occu- 
pation taxes, and a poll tax of one dollar on every male inhabitant 
of this State between the ages of twenty-one and sixty years, shall 
be set apart annually for the public free schools, and in addition 
thereto, there shall be levied and collected an annual ad valorem 
tax of such an amount, not to exceed twenty cents on the one hun- 



2-10 AMENDMENTS TO THE CONSTITUTION. 

dred dollars' valuation, as with the available school fund arising 
from all other sources, v^ill be sufficient to support and maintain the 
public free schools of this State for not less than six months in each 
year; and the Legislature may also provide for the formation of 
school districts within all or any of the counties of this State, by 
general or special law, without the local notice required in other 
cases of special legislation, and may authorize an additional annual 
ad valorem tax to be levied and collected within such school districts 
for the further maintenance of public free schools and the erection 
of school buildings therein ; provided, that two thirds of the qualified 
property tax-paying voters of the district, voting at an election to be 
held for that purpose, shall vote such tax, not to exceed, in any one 
year, twenty cents on the one hundred dollars' valuation of property 
subject to taxation in such district, but the limitation upon the 
amount of district tax herein authorized shall not apply to incor- 
porated cities or towns constituting separate and independent school 
districts. 

Sec. 4. The lands herein set apart for the public free school 
fund, shall be sold under such regulations, at such times, and on 
such terms, as may be prescribed by law ; and the Legislature shall 
not have power to grant any reUef to purchasers thereof. The 
Comptroller shall invest the proceeds of such sales, and of those 
heretofore made, as may be directed by the Board of Education 
herein provided for, in the bonds of the United States, the State of 
Texas, or counties in said State, or in such other securities and 
under such restrictions as may be prescribed by law ; and the State 
shall be responsible for all investments. 

Sec. 6. All lands heretofore or hereafter granted to the several 
counties of this State for educational purposes, are of right the prop- 
erty of said counties, respectively, to which they were granted, and title 
thereto is vested in said counties, and no adverse possession or limi- 
tation shall ever be available against the title of any county. Each 
county may sell or dispose of its lands, in whole or in part, in man- 
ner to be provided by the Commissioners' Court of the county. Act- 
ual settlers, residing on said lands, shall be protected in the prior 
right of purchasing the same to the extent of their settlement, not 



AMENDMENTS TO THE CONSTITUTION. 241 

to exceed one hundred and sixty acres, at the price fixed by said 
court, which price shall not include the value of existing improve- 
ments made thereon by the settlers. Said lands, and the proceeds 
thereof, when sold, shall be held by said counties alone, as a trust 
for the benefit of public schools therein ; said proceeds to be invested 
in bonds of the United States, the State of Texas, or counties in said 
State, or in such other securities and under such restrictions as may 
be prescribed by law ; and the counties shall be responsible for all 
investments ; the interest thereon, and other revenue, except the prin- 
cipal, shall be available fund. 

ARTICLE YIII. 

Section 9 amended so as to reo^d as follows: 

Sec. 9. The State tax on property exclusive of the tax necessary 
to pay the public debt, and of the taxes provided for the benefit of 
public free schools, shall never exceed thirty-five cents on the one 
hundred dollars' valuation ; and no county, city, or town shall levj^ 
more than twenty-five cents for city or county purposes, and not to 
exceed fifteen cents for roads and bridges, on the one hundred dollars' 
valuation, except for the payment of debts incurred prior to the 
adoption of this Amendment, and for the erection of public buildings, 
street, sewer, and other permanent improvements, not to exceed 
twenty-five cents on the one hundred dollars' valuation in any one 
year, and except as is in this Constitution otherwise provided. 



INDEX 



Alamo, 14, 71. 

Ampudia, 113. 

Anastase, 6. 

Annexation, 120. 

Archer, Branch T., 63. 

Arredondo, 26. 

Austin, Moses, 31. 

Austin, Stephen, 32, 54, 58, 63, 101. 

Bastrop, 32. 

Bell, H. P., 127. 

Bonner, Colonel Thos. E,. 

Bowie, 61. 

Burleson, 65. 

Burnet, David G., 39, 105. 

Bustamente, 49. 

Calhoun, John C, 104. 
Capitol, Burning of, 158. 
Capitol, New, 163. 
Castenado, 59. 
Clarke, Edward, 135. 
Clay, Henry, 104. 
Coahuila, State of, 40. 
Coke, 150, 151, 152. 
Colito, Battle of, 81. 
College, A. and M., 152. 
Comanches, Customs of, 8. 
Concepcion, Battle of, 61. 
Concepcion, Mission of, 10. 
Constitutional Convention, 152. 



Cortina, 133. 
Cos, 58, 65, 67. 
Crockett, David, 78. 
Crozot, 9. 

Davis, E. J., 147, 149. 

De Belisle, 15. 

De Leon, 9. 

De Tonti, 5. 

Dewees, Letters of, 44, 55. 

De Zavala, 79. 

Duhatit, 6. 

Edwards, Ben., 38. 
Edwards, Hayden, 37. 

Eannin, 61, 74, 80, 84. 
Farias, 55. 
Eence-cutters, 160. 
Eort St. Louis, 4. 
Fredonians, 38. 

Gonzales, Battle of, 59. 
Grand Terre Island, 27. 
Granger, 142. 
Green, 114, 115. 
Greer County, 161. 
Gutierres, 22. 

Hamilton, A. J., 142. 
Hancock, 146. 



244 



INDEX 



Hawkins, 34. 

Henderson, J. W., 129. 

Henderson, Pinckney, 123. 

Herndon, W. S., 162. 

Hidalgo, 19. 

Holly, Mrs., 35. 

Houston, Sam., 52, 63, 85, 101, 112, 132, 

139. 
Hubbard, 146, 149, 153, 154. 

Independence, Declaration of, 95. 
Ireland, John, ]58. 
Iturbide, 20. 

Jackson, President, 63. 
Jones, Anson, 119. 

Kempek, Sam., 24. 

Lafitte, 27, 28. 

Lamar, 105. 

La Salle, 2. 

Long's Expedition, 29. 

Louis XIV., 1. 

Lubbock, Prank E,., 136. 

Magee's Expedition, 22, 23, 24. 

Martinez, 31. 

Medina, Battle of, 25. 

Memorial, 53, 54. 

Mexier, 115. 

Mier Expedition, 1 12. 

Milam, Ben., 66. 

Miller, J. B., 54. 

Missions, 10. 

Moore, Colonel, 60. 

Morganet, 6. 

Murrah, Pendleton, 139. 

Neutral Ground, 22. 
Nolan's Expedition, 21, 



Pakker, Cynthia Ann, 133. 
Parmer, Martin, 38. 
Pease, E. M., 129, 146. 
Prairie View Normal, 156. 

Refugio, Battle of, 80. 
Refugio, Mission, 17. 
Roberts, 156. 
Robertson, J. W., 63. 
Rosalis, Battle of, 24. 
Ross, L. S., 133, 164. 
Runnels, H. R., 132. 
Rusk, T. J., 124. 

Salcedo, 23. 

Salezar, 108. 

Saligny, Monsieur de, 105. 

Sam Houston Normal Institute, 156. 

San Felipe Convention, 52. 

San Jacinto, Battle of, 88. 

San Jose, Mission of, 13. 

San Saba, Mission, 14. 

Santa Anna, 51, 55, 56, 58. 

Santa Fe Expedition, 107. 

Smith, Ashbel, 117. 

Smith, Deaf, 88. 

Smith, Henry, 63. 

Somervell, 113. 

St. Denis, 14. 

Throckmorton, J. "W., 14S. 
Toledo, 26. 

University, 160. 
Urrea, 79. 

A^ehlein, 39. 

Wharton, W. H., 54, 63. 
Woll, 112. 
Wood, 126. 






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